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November 10, 2020 TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA: I am hereby returning with my signature Bill No. 200538, which was passed by Council at its session on October 29, 2020. This bill requires that the Police Department have a written policy prohibiting officers from using "less lethal force," such as tear gas and rubber bullets, against individuals lawfully exercising their First Amendment rights. The Law Department identified a potential legal issue regarding enforceability of the bill due to the separation of powers. The Home Rule Charter vests all executive powers in the Mayor, and therefore City Council has no authority to direct the manner in which the Police Department carries out its duties. However, this issue is moot due to my Administration's long-standing agreement with such a policy. That is why the Police Department's policy already prohibits the use of force on individuals engaged in peaceful, constitutionally protected First...
AI summary
This communication, placed on file, reports the Mayor’s return with his signature of Bill No. 200538, a proposal concerning a written Police Department policy on using tear gas, rubber bullets, and other less-lethal force against people lawfully exercising First Amendment rights. The communication says the department’s existing policy covered peaceful, constitutionally protected activity, while distinguishing it from property destruction or violence.