Thursday, June 28, 2012

Easton Community Bill of Rights Brought Back to City Council with Changes

By Christina Georgiou

Members of the community who are pushing for the City of Easton to pass a Community Bill of Rights intended to curb the power of corporations within the city and elevate the rights of living people above those of corporate entities, considered to be “persons” under current state and federal law, returned to city council Wednesday evening with a revised proposal, entitled “Easton's Community Rights and Protection from Natural Gas Production Ordinance.”

The new proposal specifically targets fracking for natural gas, and would make the practice and related practices illegal within city limits and calls for any corporation engaging in gas production practices in neighboring municipalities to be held liable for potential damages to citizens of Easton or its ecosystem.

It additionally declares the right of city residents to enjoy the “right to clean air,” the “right to pure water,” the “right to peaceful enjoyment of home,” the “right to be free from trespass” with regard to “the integrity of their bodies,” and a “right to sustainable energy future.”

City solicitor Joel Scheer said he believes the new proposal would be unenforceable by the city and would likely lead to costly litigation, but that a “learned opinion” of the proposal would take time to produce.

“I personally want to know how we can overturn Citizens United, which is the greatest threat to democracy I can think of,” Scheer said. “I just don't think this governing body can do it.”

Mayor Sal Panto, who said at a discussion of the former proposal of the Community Bill of Rights that he agrees with it in theory, but worries the law would jeopardize the city's state and federal aid, agreed.

“I'm not content (with the current government rules.) I'm not content,” he said. “I believe in what this document says. I just don't think we can do it.”

College Hill resident and co-owner of Porters' Pub in Easton's West Ward Larry Porter said he feels that if Easton were to adopt such an ordinance, it's likely other local municipalities would follow suit.

He added that he thinks the current political climate warrants people and municipalities engaging in civil disobediences because laws that are unfair and injurious to people are not only being made, but being upheld.

“Do we have to wait until an injection well is drilled in our city?” Porter asked. “There are plenty of unscrupulous absentee landlords who would sell their mineral rights for this purpose...I don't think we'd incur legal fees. I think there are lawyers around the country that would jump to defend this.”

Easton resident Dennis Lieb, who is a strong proponent of the Community Bill of Rights' adoption, cited the history of corporations being granted the same rights as living persons and called for the practice to end.

“Living with and depending on decisions made by activist judges 150 or more years ago and not willing to resist this 'well settled law' in our own communities (is) where it does the most harm,” Lieb said.

Though Scheer said city solicitors won't be able to properly frame a proper legal opinion in time, city council members agreed to discuss the matter with the public at the council's next workshop meeting, set for Tuesday, July 10, in city council chambers at 6 p.m. They plan to tape the discussion for public record.

A copy of the revised proposal is available for public view in the city clerk's office, on the sixth floor of city hall, located at 1 South Third Street.

1 comment:

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