If SB 862 passes, it’s time to play hardball.
We can do so in two ways: a lawsuit challenging SB 862 or an effort to ban the casinos from using city water, sewer, police or fire services.
Both ideas work for me, but I’m leaning toward the second.
A lawsuit against the state would be a nice idea. But the premise of such a suit, that the powers given to the Gaming Commission would violate the nondelegation clause of the state constitution strikes me as something difficult to win in court. I agree with the principle that legislative and executive authority should not be delegated to bodies other than the Governor or General Assembly. This is a fundamental principle first enunciated in Locke’s Second Treatise. And I think the power delegated to the Gaming Commission also violate the separation of powers.
But courts have allowed this kind delegation for so long and in so many areas, that I think it would be hard to get them to reverse direction now. I’d love to see it happen, but I’m dubious that it will
Here is my proposal, the germ of which I’ve borrowed from Paul Boni.
The city does not allow private individuals to hook their water and sewer systems up to the public systems without an inspection for one very basic reason: The city needs to insure that what we do in our homes will not harm the safety of our fresh water or dump inappropriate things into our sewers.
The city requires building codes and fire codes because everyone suffers—including the city— if a building collapse or burns.
If the casinos and adjoining properties don’t have to meet water, sewer, building or fire codes, then I think the city should not provide water, sewer or the services of our firefighters to the casinos. I don’t see how we can in good conscience do so. Can we send our firefighters to fighta fire that may be more dangerous for them because our fire codes have been violated?
And, while we are at it, let’s not provide police protection either. SB 862 takes away most of what is called the police power of a municipality. So let’s take the rest away ourselves.
I’d like to ban casino goers from the streets as well and make the helicopter into the sites. But I don’t think this is feasible.
I suppose these actions would be challenged in court. But, in the meantime, the status of the casinos would be uncertain and they would be delayed. This might force the legislature to back down on SB 862 and would give us time to find better sites for the casinos.
I know this is a pretty loony idea. But I have been living in Philadelphia for eight years now and Council and the General Assembly come up with loony ideas all the time.