Philadelphia lawmakers are for the third time trying to pass legislation requiring that stores charge customers a fee for paper bags. And for the third time, it’s facing opposition from the mayor.
A City Council committee on Monday advanced legislation requiring all grocery stores, convenience shops, and other retailers in the city charge 10 cents per nonreusable bag. The goal is to update the city’s already existing ban on the plastic variety and encourage shoppers to bring their own bags.
The full Council could vote on the new legislation in the coming weeks. It is cosponsored by a majority of Council members, meaning it is likely to pass the chamber.
City Councilmember Mark Squilla, the architect of the plastic bag ban that first passed in 2019, said during the hearing Monday that he’s aiming to “change behavior.” The city says the use of paper bags has skyrocketed since the plastic bag ban took effect — studies show that while they are recyclable, unlike plastic, paper bags are still less energy efficient than reusable ones.
Squilla’s original plastic bag ban legislation included a required 15-cent fee on paper bags, but he stripped it from the bill after opposition from former Mayor Jim Kenney’s administration. In 2023, Council passed legislation to institute it, but Kenney issued a pocket veto, meaning he left office without taking action on the legislation, effectively killing it.
It wasn’t clear at the time if Mayor Cherelle L. Parker, who was the incoming mayor, would support the legislation if it were reintroduced. She made cleaning and greening the city a top campaign promise, and environmental advocates hoped she’d support efforts to reduce single-use bag reliance.
But one of Parker’s top officials testified in opposition to the legislation Monday.
Carlton Williams, the director of Parker’s Office of Clean and Green Initiatives, called Squilla’s effort well-intentioned. But he said charging bag fees could disproportionately impact low-income Philadelphians experiencing high grocery costs, “especially given the current economy.” He also said the fees could push shoppers out of the city and harm mom-and-pop businesses that already operate with low margins.
Councilmember Mark Squilla takes his seat in Council chambers on Wednesday, Dec. 11, 2024, before a scheduled committee vote. Squilla authored legislation requiring stores charge a fee for paper bags.
If the legislation passes Council, Parker could sign or veto it. She could also let it lapse into law without her signature. If she vetoed the legislation — it would be her first since taking office last year — Council could override her veto with 12 votes out of the 17-member chamber.
When the paper bag bill was introduced in 2019, members of Kenney’s administration also said at the time that they were concerned that fees on paper bags would hurt the poorest Philadelphians. Former City Councilmember Maria Quiñones Sánchez similarly described it as akin to a regressive tax.
However, proponents of the legislation said Monday that they don’t think the argument holds up.
Maurice Sampson, the eastern Pennsylvania director of the environmental group Clean Water Action, said prices on essentials such as food could rise for everyone if stores absorb the costs of paper bags.
“There is no foundation or basis,” he said, ”in the idea that fees on bags will hurt low-income people.”
There’s a smoke shop in North Philly peddling recreational drugs across the street from a daycare. A West Philly storefront that sells loose cigarettes on a residential block. A convenience store in Spring Garden that advertises urine to people looking to pass a drug test.
These are among the so-called nuisance businesses that City Council members and neighborhood association leaders cited Monday as lawmakers advanced legislation to make it easier for the city to shut down stores that sell cannabis and tobacco products without licenses.
And legislators said their next target could be the landlords who rent space to those businesses.
“We have to work with our city departments and our state partners to clamp down on these businesses,” said City Council Majority Leader Katherine Gilmore Richardson, who represents the city at-large. “We’re just being inundated.”
Members of Council’s Committee on Licenses and Inspections passed two bills Monday that city officials say seek to close loopholes store owners exploit to avoid being cited for failing to obtain proper permits.
In introducing the legislation earlier this year, Gilmore Richardson cited an Inquirer report about Pennsylvania’s unregulated hemp stores, which sell products advertised as legal hemp that are often black market cannabis or contaminated with illicit toxins.
One bill makes it easier for the city to shut down nuisance businesses by removing language that classifies some violations as criminal matters, requiring that the police investigate them as crimes rather than civil violations that are quicker to adjudicate.
The second piece of legislation makes it illegal for businesses to essentially reorganize under a new name but conduct the same operations as a means of evading enforcement.
Both pieces of legislation could come up for a full vote in the Democratic-dominated City Council in the coming weeks. Members of Mayor Cherelle L. Parker’s administration testified in favor of them, meaning the mayor is likely to sign both.
A smoke shop in South Philadelphia.
Neighborhood association leaders also testified Monday in favor of the changes, but several said more aggressive enforcement is needed. They said smoke shops in particular have popped up throughout their commercial corridors, as have convenience stores that don’t even have licenses to operate as businesses, let alone sell recreational drugs.
“We’ve seen firsthand the selling of illegal drug paraphernalia and [loose cigarettes], many of which children walk past in order to get to the candy bars and seniors walk past to get to the milk,” said Heather Miller, of the Lawncrest Community Association. “We need to address this.”
Elaine Petrossian, a Democratic ward leader in Center City and a community activist, called for “much” higher fines and penalties for landlords. She cited progress the municipal government has made in New York City, where authorities cracked down on building owners who knowingly rented space to tenants selling cannabis or tobacco without licenses to do so.
Several lawmakers said they’d support a similar approach. Councilmember Mark Squilla, who represents a district that spans from South Philadelphia to Kensington, said landlords must be held “more accountable.”
“If they had some skin in the game, maybe they’d think twice about renting to an illegal operation,” he said.
Councilmember Jamie Gauthier, who represents parts of West Philadelphia, agreed. She said she recently attempted to meet with a building owner who rents space to a problematic smoke shop in her district, but was rebuffed.
“He was like, ‘These people pay me rent, and that’s the extent to which I basically care,’” Gauthier said. “We need something that forces property owners to be more accountable than that, because neighbors are suffering.”
Staff writers Max Marin and Ryan W. Briggs contributed to this article.
The city’s new Neighborhood Wellness Court initiative has been placed on hold amid growing concern from the leadership of Philadelphia‘s courts and judges’ mounting frustration with the city officials tasked with overseeing the program.
Wellness court, which Mayor Cherelle L. Parker’s administration launched in January as a fast-track way to arrest people in Kensington for drug-related offenses and get them into treatment, has not taken any new cases over the last three weeks, city officials said.
Supervising Municipal Court Judge Karen Simmons was nearly ready to shut the program down over frustration with the lack of coordination and communication from the Parker administration with the courts and other city agencies involved, according to sources with knowledge of conversations about the program.
Simmons was concerned that the city was treating people arrested in some neighborhoods differently from others, and that there was inconsistency in how the program was tracking its data and determining who should be eligible for treatment, according to the sources, who spoke on the condition of anonymity to discuss private conversations.
Simmons ultimately gave the city time to fix those issues, asking that officials put together a written manual and streamline the paperwork and intake procedures to ensure fairness, the sources said. The city is expected to make those adjustments so police can resume making arrests and bringing people through the program next week.
A spokesperson for the courts declined to comment and referred questions to the city.
Chief Public Safety Director Adam Geer oversees the office that runs Neighborhood Wellness Court in Kensington.
Chief Public Safety Director Adam Geer, who oversees the city office that runs wellness court, said the delays were related to “administrative protocols” that needed to be resolved but declined to provide specifics.
Geer said that he expects the program to return to normal operations next week and that the city “is fully committed to successfully implementing and sustaining the Neighborhood Wellness Court model.”
Joshu Harris, the city’s deputy director of public safety, is no longer overseeing the program‘s operations, the sources said, and Deputy Mayor Vanessa Garrett Harley is now involved.
“As with all new pilot programs of this kind, adjustments will continually be made to improve operations as time moves forward,” city spokesperson Joe Grace said Thursday.
The pause comes amid long-simmering tension between the courts and the city over how the program was launched, sources said. Leadership of the Philadelphia District Attorney’s Office, the Defender Association of Philadelphia, and even the judges tasked with overseeing the court were largely excluded from the city’s plans for the program and how it would operate, sources said. They have felt like the Parker administration did not want their input.
That conflict spilled into open court this month. Municipal Court Judge Henry Lewandowski III, who has presided over most of the wellness court cases so far, said at a hearing in early April that certain politicians in the city think they can “just wave a wand” and fix Kensington’s long-standing drug problems.
“I care way more than they ever will. They’re fake,” he said, adding that officials are trying to build new programs just so they have something to take credit for.
“If I said what I wanted to say,” he said, “I’d have to resign.”
His frustration was clear again Thursday as he oversaw more than 100 summary offense cases, most for fare evasion amid SEPTA‘s new crackdown on turnstile jumping.
“Who knows what program they’ll start by next week,” he said. “Every Wednesday, there’s new stuff, new programs, new procedures. … I’ve never been more confused, I’ve never been more uncertain what my job is.”
Wellness court takes place every Wednesday inside a courtroom at the 24th / 25th Police District.
Wellness court is a signature part of Parker’s plan to shut down Kensington’s notorious open-air drug market and restore quality of life for neighborhood residents.
The court runs on Wednesday afternoons. First, in the morning, police conduct sweeps of the Kensington area and arrest people in addiction for offenses like sleeping on the sidewalk, gathering around an outdoor fire, or stumbling into the street. They are typically charged with summary offenses like obstructing highways.
Those arrested are then brought to the Police-Assisted Diversion program building on Lehigh Avenue, where they are evaluated by a nurse and an addiction specialist. Officials also attempt to address any outstanding arrest warrants, and connect them with a court-appointed attorney hired by the city to discuss their rights.
Finally, they are brought before a judge — Lewandowski has heard most cases so far — inside the nearby police district. They are offered the opportunity to immediately go to rehab or face a summary trial for their alleged crimes. Those who opt to go into treatment and complete the program and terms set by the city will later have their cases dismissed and expunged.
Few in the program have asked for a same-day trial. Those found guilty have so far been ordered to pay fines and court fees ranging from about $200 to $500.
Homelessness and public drug use is widespread in Kensington, the heart of the city’s open-air drug market.
Of the more than 50 people who have come before the court so far, only two had successfully completed treatment as of early April, according to data collected by The Inquirer. The vast majority brought through the program almost immediately leave treatment and do not appear at follow-up hearings, the data show.
The city has declined to share data on wellness court, including with City Council at a recent budget hearing, saying that it is too early to judge the program on numbers alone and that more time is needed to see results.
But the Parker administration said it wants to expand the court and needs more funding for it to succeed. At a recent budget hearing, Geer asked City Council for an additional $3.7 million to operate the court five days a week and hire additional staffers.
The goal, Geer said, is to build a system where people suffering on the streets can immediately be connected with treatment and resources, avoid going to jail, and get housing through the city’s new Riverview Wellness Village. Geer has said that the program will never have a 100% success rate, but that every “touch” the program has with people in addiction increases their likelihood to eventually go into treatment.
But the First Judicial District has said wellness court will not be expanding anytime soon, according to sources.
Civil rights advocates have raised constitutional concerns over the program. In a letter to the Parker administration, the Pennsylvania chapter of the American Civil Liberties Union said the program could pose a threat to drug users’ rights and questioned whether the city could force people to make consequential legal decisions while potentially under the influence of narcotics.
The 42-year-old man in addiction who died inside a Philadelphia jail days after his arrest in Kensington had been flagged as an “emergency” case by an intake worker at the jail, and should have received one-on-one supervision in the hours before he collapsed, according to records from the Department of Prisons.
But that didn’t happen, and instead, Andrew Drury died alone inside the holding cell, without having received a formal behavioral health evaluation by the prison staff, according to the records obtained by The Inquirer. His cause of death remains under investigation, though when he was jailed in the fall, he had been hospitalized multiple times from withdrawal-related health complications.
A spokesperson for the Philadelphia Department of Prisons declined to comment Friday.
Drury had been picked up by Philadelphia police on the night of March 6, after officers encountered him at Kensington Avenue and Somerset Street, and learned he had outstanding bench warrants related to a drug case in Maryland and a 2022 violation of a protection-from-abuse order filed in Philadelphia.
Police said Drury received off-site medical treatment over the next day before he was transferred to Curran-Fromhold Correctional Facility around 2:15 a.m. on March 8. Police declined to say what kind of treatment he received, where he was treated, or how he was cleared for transfer to the jail.
Drury remained in an intake room at the jail until the next afternoon, waiting to be medically evaluated and assigned to a cell block. On March 9, around 9:30 a.m., an intake worker for the prisons assessed Drury and wrote that he was experiencing a range of physical and behavioral health issues and described him as extremely agitated and confused, according to the records.
Andrew Drury, left, and Jennifer Barnes had been homeless and struggling with addiction in Kensington for about two years. Drury died on March 9 inside a Philadelphia jail.
The employee labeled Drury as an emergency case, which, according to the records, should have required that he receive one-on-one supervision until he could be evaluated by a behavioral health worker.
Instead, Drury remained in his intake cell for another six hours. A jail guard walking through the area found him unresponsive at 1:45 p.m., and despite administering two doses of Narcan and other lifesaving measures, he was pronounced dead at 2 p.m., according to a spokesperson for the prison.
The Philadelphia Medical Examiner’s Office said Wednesday that doctors are awaiting toxicology results to determine his cause of death.
Drury had long struggled with an opioid addiction, and had been experiencing homelessness in Kensington for about two years, said his longtime girlfriend, Jennifer Barnes.
In an interview this week, Barnes, 44, said she believes he died from health complications related to withdrawal — something that he has been hospitalized for in the past.
When Drury was arrested in October on bench warrants related to the same cases, he was hospitalized multiple times, including for more than a week, after suffering a mild heart attack and other issues while going through withdrawal in jail, according to Barnes and a source familiar with Drury’s care at the time.
After Drury was released in November, Barnes said he was in and out of the hospital because of ongoing chest pains and shortness of breath.
Barnes said she worried about his health as she watched police arrest him that night.
“The withdrawal, it’s not good for him,” she said she told the officers. “He needs medical attention.”
Jennifer Barnes, whose fiancee Andrew Drury died while in jail, shown here in Philadelphia on Tuesday.
Drury’s death comes as the city ramps up enforcement efforts in Kensington, a section of the city that has long experienced concentrated violence, homelessness, and drug use in and around its massive open-air drug market. Mayor Cherelle L. Parker has said her administration would shut down the drug activity in the area and return a quality of life to the neighborhood’s residents.
But some advocates have warned city and law enforcement officials that the withdrawal effects for people who use opioids can be life-threatening, and that the understaffed jails might struggle to respond to people’s health needs in those circumstances.
Barnes said she and Drury were both from South Philadelphia, and had been dating since 2012 after meeting in a luncheonette in the neighborhood. They were not married, she said, but wore rings as if they were.
Andrew Drury and Jennifer Barnes in a photo before they became homeless in Kensington.
Barnes said she has struggled with addiction since about 2008. Drury also used drugs by the time they had met, she said, his troubles beginning after he underwent a weight loss surgery and got hooked on pain killers. For many years, they were both able to hold jobs and hide their addiction.
They bounced between friends’ and families’ homes, she said, until they were kicked out of Drury’s mother’s house in 2021 and she got a Protection From Abuse order against him. They’ve been on the streets of Kensington since about the summer of 2023, she said.
Drury was funny and loving, she said, and helped protect her from the dangers of living on the streets. They had both recently talked about wanting to go to rehab and getting their lives back on track.
Jennifer Barnes holds the sweatshirt of her longtime boyfriend, Andrew Drury, who died in jail on March 9.
Since his death, she said, she feels in a fog. She has connected with a friend who found a bed for her at a recovery house in South Jersey, and she hopes to go next week.
“For myself, and for him, it’s the best thing to do,” she said. “This way he won’t have to worry anymore.”
