July 28-August 3, 2005

political notebook

Demolition Derby

by Mary F. Patel

It's like the Wild West out there. Traffic rules don't seem to apply on the streets of Center City. Chaos reigns. The red light has lost its meaning. A pedestrian now always has to wait at intersections after the light has changed for drivers to race across. Drivers only seem to care about not getting hit by other cars, while they know hitting pedestrians will only cause minimal damage to their vehicles.

Motorists running red lights had long been a problem in high traffic areas in the Northeast.

There are certainly enough police around town, so why don't they seem to enforce any of the traffic laws? (Traffic laws are still on the books, in case you were wondering.)

Inspector William Colarulo said that all officers are responsible for writing traffic tickets.

But City Councilman Frank Rizzo said that the police force is already stretched beyond its limits and there are not enough officers to chase after speeding cars or write tickets. Rizzo introduced a plan in 2000 to install surveillance cameras at three intersections on Roosevelt Boulevard to photograph license plates of ruthless drivers. The offender is sent a ticket for $100.

Rizzo said cameras soon would be installed in high traffic areas in parts of Center City.

But with a ticket price of $100, it would seem that an astute officer could write tickets worth his daily salary every 15 minutes. Colarulo said he strongly supported surveillance cameras in Center City but was not sure when they would be in place.

Officer Maria Ibrahim said the police force doesn't collect any specific data on how many pedestrians have been killed by speeding cars.

Crying Fowl

A trial is set for next week in Federal Court between two amphibious tourist duck boats over the exclusive use of a ramp at Penn's Landing.

Ride the Ducks of Philadelphia built a ramp, located near Pier 11 on Penn's Landing, for their use to launch tourist boats for a ride down the river. Milton Street, vendor, former state senator and brother of Mayor John Street, has been a shareholder and consultant to Super Ducks, a rival tour boat company. Last year Milton tried to negotiate a contract with Ride the Ducks for use of their ramp. Ride the Ducks refused. Milton then informed Penn's Landing officials that Super Ducks intended to use the ramp anyway because it was built on public property.

Ride the Ducks sued Super Ducks in Federal Court. U.S. District Judge Legrome Davis ordered a temporary injunction that only Ride the Ducks could use the ramp. Super Ducks appealed the case to the Third Circuit Court of Appeals, which upheld the lower court's decision.

Earlier this month, Judge Davis ordered that Super Ducks tell the court whether it will agree to a ruling that makes the injunction permanent.

Morris P. Hershman, who represents Super Ducks, owned by Alfred Krawitz, said his client is no longer interested in using the ramp built by Ride the Ducks but wants the court's order clarified because he says it's anti-competitive. "The order is confusing when it says that Super Ducks are ordered not to interfere with Ride the Ducks agreements or relations made with any party," said Hershman.

Michael H. Gaier, who represents Ride the Ducks, owned by Herschend Family Entertainment, said he intends to proceed to trial and will call the same witnesses as were at last year's hearing, including Milton Street.

"They [Super Ducks] should just do the right thing and abandon this," said Gaier. "Ride the Ducks built the ramp and they lease it from Penn's Landing."

Hershman said that Ride the Ducks has an unusual arrangement with Penn's Landing.

"Look at the contract. Not only is the ramp on public property, but Ride the Ducks built the ramp with their funds and Penn's Landing Corp. gives them a credit [for building the ramp] towards their rent."

In other Duck news, Super Ducks may have lost a ramp but gained a quacker.

In a separate lawsuit filed in Federal Court earlier this year, Ride the Ducks sued Super Ducks because they claimed Super Ducks was giving identical quackers to its customers. You may have heard them — annoying blow toys that sound like a duck call.

Ride the Ducks claimed that it had a sensory trademark for its quacker, so it could not be used by any other duck boat. Super Ducks said its quackers sounded different and that Ride the Ducks could not bully the competition.

A quacking demonstration took place in the courtroom during the hearing. Judge Davis ruled that Ride the Ducks could not have exclusive rights to the quackers. Gaier said he respected the court's decision and his client would not appeal.

Krawitz said Ride the Ducks should just "quack off."