I wonder if Blatstein has a case against Johnson or the whole Councilmanic Prerogative tradition? We're not talking about a few townhomes, the stakes here are very big and Blatstein certainly has the resources.
A few questions:
1) What's Johnson's liability as a legislator? Per an earlier article on the trial:
Quote:
U.S. District Judge Wendy Beetlestone dismissed several of his claims because elected officials have immunity from being sued for some actions taken as part of legitimate legislative duties.
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2) What's the city's liability given that the practice is not codified into law?
3) While acknowledging that the Broad and Wash project is very large and significant, does Blatstein want to declare war on this cherished (but disgusting) Council tradition and alienate his political connections?
Maybe the answer to #3 is the real key. I could see Blatstein telling his pal Clarke to make the bill go away or else he'll go to court, too. I'd love to see that but it's probably in both Blatstein and Council's interests to avoid litigation. Councilmanic perogative doesn't need more media attention or another potential courtroom defeat. And Blatstein needs to maintain goodwill with Council if he wants to continue developing in Philly.