so it was arts festival this weekend and the parties were *out of hand.* a police car got its windshield smashed, lots of noise violations, etc.
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this resident email list I'm on has some serious nutters on it. one suggests suing the university and the boro.
The Borough of State College Home Rule Charter (http://www.statecollegepa.us/1798/Government preamble states the following:
We, the people of the Borough of State College, under authority granted the citizens of all municipalities of the Commonwealth of Pennsylvania to adopt home rule charters, and thus to exercise to the fullest extent the rights of local self-government, do hereby ordain and adopt this home rule charter. We do this in order to establish a municipal government that will be the most responsive and most responsible to the needs and desires of the people of this Borough, both now and in the future.
Section 1103. Right to Peaceful Enjoyment of Home. Residents of State College Borough possess a fundamental and inalienable right to the peaceful enjoyment of their homes, free from interference, intrusion, nuisances or impediments to access and occupation.
Section 1106. Right to Self-Government. All residents of State College Borough possess the fundamental and inalienable right to a form of governance where they live which recognizes that all power is inherent in the people, that all free governments are founded on the people’s authority and consent, and that corporate entities and their directors and managers shall not enjoy special privileges or powers under the law which make community majorities subordinate to them.
Section 1107. People as Sovereign. State College Borough shall be the governing authority responsible to, and governed by, the residents of the Borough. Use of the “Borough of State College” municipal corporation by the sovereign people of the Borough to make law shall not be construed to limit or surrender the sovereign authority or immunities of the people to a municipal corporation that is subordinate to them in all respects at all times. The people at all times enjoy and retain an inalienable and indefeasible right to self-governance in the community where they reside.
Section 1108. Rights as Self-Executing. All rights delineated and secured by this Charter shall be self-executing and these rights shall be enforceable against corporations and governmental entities.
I’m no lawyer obviously, but it seems to me that the residents of State College have a case against Penn State (a government entity) and, quite frankly, the Borough, for not upholding the rights of the citizens. Wringing their hands in exasperation because the problem has grown so out of hand is not an answer. They let the problem happen due to their lack of planning and desperation for student tuitions, rent, and other monies they bring into the University and the community, and they need to fix it. If they can’t figure out how to do so, then they need to find someone who can help. Surely other Universities and communities have figured out ways to deal with these situations. Until they do this, we are all SOL. This situation is dangerous and not fair to the police officers who work hard and are so outnumbered. I wonder what the University, Borough, and the landlords, would do if the residents decided to bring a lawsuit against them?
great idea, right?
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