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Assault With A Loaded Corporation
 
http://cnnorthplainfield.blogspot.com/2007/07/np-citizens-for-community-rights.html

Monday, July 2, 2007

NP Citizens for Community Rights

I've been working with a group of about a dozen people - of all political stripes - who are all deeply concerned about North Plainfield's future. For several weeks, the group has been meeting to learn more about corporate-controlled development - a.k.a "assault on a community with a loaded corporation" - and how we, the People, can level the playing field to gain the power to make our own decisions about our own town's future. We're now finishing drafting an ordinance that will prohibit corporate development and strip corporations of their legal "personhood" and limited liability within the Borough of North Plainfield. We're getting advice from volunteer attorneys, and preparing to start the initiative petition drive in the next week or so when all the final details are worked out.

This citizen initiative is not about land development. It's about who decides what happens in North Plainfield. But it was inspired by the controversial Villa Maria parcel, because that's the clearest, most current local example of how corporations are able to set the town's agenda and ignore the will of the people who live here. [For more on the legal rights of corporations, and how those conflict with people's rights, click here.]


From my personal perspective (I'm not speaking for the group here), this move - if the townspeople choose it - would be a powerful, if paradoxical, blend of revolutionary prudence.


One the one hand, it would be a very bold, decisive thing to do, because we would basically be saying to ourselves and to our neighbors: "We will no longer grovel to out-of-town corporations with deep pockets but no connection to our community to cash in and make messes, and then cash out with huge profits. Instead, we're going to support local business owners, investors, entrepreneurs and residents who have a genuine stake in helping the town as a whole survive and thrive." That's a big, community boot-strap-pulling effort to make.


On the other hand, I think passing the ordinance and making it all work afterwards would also be a very sensible, moderating thing to do, because it would acknowledge that the balance of power between money and people has gotten way out of whack (with all the weight on the money side) and take a coherent step toward putting more weight on the people side of the equation.

On Wednesday, members of the group will be out at the town's Independence Day celebrations to hand out fliers giving an overview of the project. We could use a few more volunteers, so if you're interested in getting involved, handing out fliers and talking to your friends and neighbors about our local challenges and opportunities regarding community self-determination rights, open space, historic preservation, and economic development, please send me an e-mail. Also, if you are able to translate the flier into Spanish, that would be helpful too.

Here's the text of the handbill we'll be circulating Wednesday:

NORTH PLAINFIELD CITIZENS FOR COMMUNITY RIGHTS - PETITION DRIVE

Q: Who are the North Plainfield Citizens for Community Rights?

A: We are a nonpartisan group of residents working to preserve our town's history, heritage and ecological beauty and integrity for present and future generations, and to restore the people’s power to make important choices of self-government. We are your neighbors. Like you, we care deeply about our town. We love North Plainfield and want it to be the best it can be for today's residents and the residents of the future.

Q: What is your group’s position on Villa Maria development?

A: We believe that there are many possible ways for the landowners (the nuns) to work with North Plainfield residents and governing officials, Somerset County funding sources and other private and public groups to preserve the historic character of the land, save the trees, and make good use of the existing, historic buildings, or, if asbestos contamination makes that impractical, make good use of the existing buildable land on the site. Local schools, nursing homes, housing, hospitality and civic groups, Somerset County open space officials and others are interested in the site, but have been rebuffed by corporate attorneys working, for the nuns, to demolish all the buildings, cut down most of the trees and build expensive condominium apartments. We believe that with organized citizen pressure, we can create a collaborative solution that benefits the town and the nuns, while preserving a beautiful local parcel of land and an important piece of our local history.

Q: What do you mean by “organized citizen pressure?”

A: Many American communities have learned over the past few decades that large corporations engaged in land development and other commercial enterprises often move into small towns and trample the rights of the local people. The American regulatory system of laws is set up to protect property rights over people’s rights: the right of a corporation to make a profit trumps the rights of a town’s residents to control development. For example, zoning statutes in most states, including New Jersey, set out what kinds of development are permitted, and only leave towns the power to decide where such development will take place: as buildable land diminishes, so does local power. Also, corporations have lots of money, so even if townspeople organize against a particular project, the corporation will almost always have enough money to take the case to court and eventually win. A few details of a project may change, but the basic inequality between corporate rights and real people’s rights, remains. We need to change the terms of the struggle, away from land use regulations that empower corporations, to Constitutional rights, where real people have a fighting chance.

Following the lead of many small towns all across Pennsylvania that have successfully confronted industrial pork farms and sludge treatment facilities with ordinances that strengthen community rights to self-determination, we’ve been working with the Community Environmental Legal Defense Fund to craft a new Ordinance for North Plainfield. We are now gathering signatures on an initiative petition to first, persuade the Borough Council to adopt this Ordinance, and second, put the matter on the ballot for ALL the town’s residents to vote on.

Q: But you can’t do this!

A: Yes we can! It’s true that corporations have had Constitutional rights for a long time, but we believe corporations should be stripped of those rights, because those laws allow powerful, unaccountable minorities to trump the rights of real people in real communities, just like North Plainfield. Throughout American history, our citizens have changed settled laws that permitted slavery and segregation, and laws that denied voting rights to women and people of color. It’s time to change the settled law about corporations too.

THE ORDINANCE STATES:

“…the Borough recognizes its responsibility to promote the health, safety and welfare of the community and its residents, and it finds certain types of corporate land development to be antithetical to these ends. The purpose of this Ordinance is to eliminate corporate land development, which benefits the few, and replace it with land development pursued by local individual and family-owned and controlled businesses, which will benefit the many residents of the Borough of North Plainfield…”

The Ordinance will:

· Deny that corporations are “persons” for the purposes of enforcement of Constitutional and civil rights within our town;

· Confirm that borough residents, natural communities, and ecosystems are “persons” with Constitutional and civil rights.

· Prohibit corporations from engaging in land development within North Plainfield, while exempting local, family-owned corporations, to support, encourage and give a strong competitive advantage to existing local businesses and future local entrepreneurs;

· Recognize that natural communities and ecosystems possess inalienable and fundamental rights to exist and flourish within North Plainfield, and prohibit any corporate damage to natural communities and ecosystems; recognize residents’ right to healthy environments, including unpolluted air, water, soils, flora, and fauna;

· Hold corporate officers personally liable for all violations of the ordinance; remove corporate rights to limited liability within North Plainfield, while exempting the Borough of North Plainfield as the acknowledged governing authority for the people of the town;

· Hold persons using corporations to engage in land development in a neighboring municipality liable for all harms caused to the health, safety, and welfare of the residents and natural environment in North Plainfield.

· Recognize North Plainfield residents’ right to enforce the law as individual citizens, in the event that town officials fail to enforce the ordinance, to seek declaratory, injunctive, and compensatory relief for damages caused to natural communities and ecosystems within the Borough,

· Deny the validity of any permits, licenses or other permissions granted by governing bodies in violation of the law;

· Set fines of up to $1,250 per infraction, and permanently bar two-time violators from doing business in North Plainfield;

Q: Sounds good. How can I help? And how can I find out more as the process moves along?

A: If you are a registered voter, please sign the clipboard, so you can sign the petition as soon as we finish drafting it with the help of our volunteer attorneys. Also, let the members of the Borough Council know that you support the Ordinance, because once we have the required number of signatures, the Council will have 20 days to pass the Ordinance. If they don’t pass it, it will go on the ballot at the November 5 elections for your vote. We will post regular updates on the petition drive at http://www.cnnorthplainfield.blogspot.com/ .


 
 
 

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