The Fops Carnival Continues
| The future. Pine at 17th, 6:20 pm, April 23, 2024. |
On Tuesday, June 2, there was yet another event in the life of the Fops saga. This one took place in courtroom 475, in Philadelphia's city hall, before Judge Damaris L. Garcia. We had been told to arrive at 1:30 pm, but the judge did have other cases she needed to deal with, so the Fops hearing didn't start until almost 3. (Fops stands for Friends of Pine & Spruce. For more, see What Is a Fop?)
You might think that the hearing was about the bike lanes on Pine and Spruce. But you would be wrong. The hearing was about the loading zones. The previous judge on the case had issued an injunction requiring that the City remove all the loading zones that had been placed on the street in 2025. The City wanted Judge Garcia to lift the injunction.
I think it's pretty well known at this point that the bike lanes here only work well in conjunction with loading zones. If there are no loading zones, motorists will need to do their loading in the bike lane or in the motor-vehicle traffic lane.
A Digression
I need to digress here for a minute. It seems that precisely nobody arguing this case, on either side, is aware of the loading zones that went in on Pine and Spruce, west of Broad, in 2024. They're still there, and they're functioning well. They would do better if the 2025 loading zones were also brought back. I had initially suggested two loading zones per block back in 2016. When they were installed in 2024, it quickly became apparent that current demand - in 2024 - really required us to supply more loading zones.
I think the City did a good job explaining the value of the loading zones in the hearing. But there is also a natural experiment available. All the 2025 loading zones have been removed from Pine and Spruce east of Broad. West of Broad, they are also gone, but the 2024 zones remain. It would be interesting to have a look at which side is experiencing better traffic flow, in both the bike and the motor-vehicle traffic lanes. I'm willing to bet ten dollars that the traffic flow is better west of Broad. Half a loaf is better than none, but I'd rather have the whole loaf.
Back to the Courtroom
Both sides agreed that the hearing was about loading zones, but that's about all they agreed on. The Fops people think that loading zones are bad - their lead attorney used the phrase "a scheme of chaos." And they offered evidence that loading zones were terrible for old people and for people of any age who had disabilities.
But their primary argument was that the loading zones are illegal because the passage of the enabling legislation last year was illegal. Among other things, they were incensed that the bill had been amended during the legislative process.
The City countered that the bill was passed using ordinary legislative procedure, and there was quite a bit of arguing and shuffling of papers to show that City Council had not violated the sunshine act. The City's lawyers also pointed out that the bill was passed into law, and it is now in force.
If the question is, instead, about preventing harm to individuals affected by the loading zones, I think the Fops case is in trouble.
The City's lawyers put on two witnesses from east of Broad who managed, over objections, to get on the record that loading zones made life better while they were there, and that they miss them now that they are gone. One witness even managed to get on the record an important point that may be obvious to many of us, but clearly is mysterious to a lot of other people. The witness was asked about using the regular parking spots on his block, and he responded that they were almost always full all day.
This point may be blindingly obvious to anyone who lives in this area, but I guarantee you it is not obvious to people who live in less densely populated areas and are accustomed to parking in their driveway or at the curb in front of their suburban bungalow, and then in the free parking lot in front of their office when they go to work in a suburban office park located near an interstate interchange.
Loading zones are a necessity in a densely populated city. Unless of course you prefer the chaos we have known on our streets for many years.
This is one point where I agree with the Fops. There is frequently chaos on our streets. We just disagree about the source.
The case is now with the judge. I have no idea how she will decide, or when, but I do think the City's lawyers argued their position very capably.
And I also think they're right.
See also Kreuzberg, Loading Zones Are the Key, Flex Posts on Pine and Spruce, The State of Play on Pine-Spruce, Mayor Parker Signs No Stopping Bill, What Is a Fop?
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