Some legal research that I’ve done shows that Mayor Cherelle Parker and City Council could take a stand in favor or our collective history as opposed to blessing a 250th birthday party.
The Donald Trump Interior Department has amply indicated that it will sanitize, if not eradicate, history when it comes to acknowledging the existence of slavery at Philadelphia’s historic Independence site, much of which is still owned by the City of Philadelphia.
Yet, if the mayor and council would stop resembling “deer in the headlights” when it comes to their general inaction regarding the onslaught of our liberties, they might read and act upon a 1950 “Cooperative Agreement” by and between the U.S. Department of Interior and the City of Philadelphia.
This provides that the parties are to “cooperate to bring about the preservation of the historic structures, objects, and grounds in Independence Square as a national historical park and interpret them to the American people.”
What is more, Article III there of specifically provides that “neither of the parties to this agreement will erect or place, or permit the erection or emplacement of any monument, market, tablet or other memorial in or upon the buildings or grounds without the consent of the other.”
It is my conclusion that Mayor Parker and/or City Council could declare the Department of Interior in breach of the Agreement when it comes to the “slavery’ modification, rendering the Agreement void.
Given that the City continues to own parcels within the historic district, it could declare Independence Hall off limits to Trump and company next year.
Let’s be clear. No citizen lawsuit can take the place of action by Philadelphia elected officials. Citizens are not parties to the agreement. If Mayor Parker wants to show some initiative so as to protect “truth, justice and the American way,” not to mention our collective historical legacy, she and council must declare the Cooperative Agreement to be void and of no effect.
The choice is either rubberstamping an outrage and another party or what is right. Even in these times however, unfortunately too many politicians like to party.
Mark D. Schwartz, Bryn Mawr, Pa.
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