Nutter ends appeal over library closings

The Nutter administration yesterday withdrew its appeal of a judge's ruling that stopped the mayor from closing any libraries without City Council's approval.

"As a practical matter, it was a moot point," said City Solicitor Shelley Smith, referring to the Nutter administration's Jan. 29 decision to not close any libraries through June 30, the end of the fiscal year. "We filed a withdrawal before the court wasted its resources on this."

The decision comes as the administration is dealing with another $1 billion hole in its five-year spending plan.

"We're working on the next budget now," Smith said, adding that the city will not be precluded from closing libraries in fiscal year 2010, should that be deemed necessary.

"How about that?" Irv Ackelsberg, the legal-services lawyer who brought the suit in December, said last night about the withdrawal. "While the larger question of the fiscal crisis remains, it's always nice to win. The mayor still has to obey the law."

Common Pleas Court Judge Idee C. Fox agreed with the thrust of the suit - that a city ordinance precluded Nutter from unilaterally shuttering libraries - and enjoined the city from closing 11 targeted branches.

The Nutter administration responded to Fox's decision by appealing, and indicated it would continue that course even after saying no libraries would close this year.

The change of heart came as a surprise last night to Siobhan Reardon, director of the Free Library of Philadelphia.

"We knew absolutely nothing about it," said Sandy Horrocks, Reardon's spokeswoman.

Amy Dougherty, executive director of the Friends of the Free Library, an advocacy group, called yesterday's appeal withdrawal "great news."

"Now we finally can work together to keep our library system intact," she added.

That may not be easy, judging from the administration's consideration of cutting the budgets of all city departments by 10 percent to 20 percent.

But if libraries are to be closed in the budget for fiscal year 2010, "any decisions have to be approved by City Council," Dougherty added.

"Now we can lobby City Council. And anybody wanting to cut libraries will take a hit in the voting booth. Philadelphians have made it clear they want their libraries, especially in hard times, when they need them most of all," she said.

Administration officials have admitted privately that they did not foresee residents' strong and sustained reaction to planned library closures.