I Declare Shenanigans

by Mary F. Patel

Financial disclosure statements can be a real pain if they're not filled out properly by would-be pols. Without complete and correct paperwork, including nominating petitions, a candidate cannot appear on the ballot in the primary election.

A favorite tactic for opposing candidates is to challenge each others' documents to try to get one another thrown off the election ballot. Such was the case last Thursday in Election Court when Democratic city controller candidate Alan Butkovitz challenged the financial statements of his Democratic rival, John Braxton. Butkovitz said Braxton violated the Ethics Act by omitting important income information on his financial disclosure statement.

"He did not list his pension income from when he was a Common Pleas Court judge or his rental income or ownership interest of investment properties," said Butkovitz.

Represented by Samuel Stretton, Butkovitz requested that Braxton be stricken from the ballot.

Braxton attorney George Bochetto, who represents this reporter in another matter, argued that the candidate should be able to amend his statement and have his name listed on the May 17 primary ballot. A three-judge panel agreed in ruling that Braxton can correct his financial statement and compete in the primary. Butkovitz said he plans to appeal to the Commonwealth Court.

In describing the court scene, Butkovitz said that Bochetto argued that one high-profile court case in last year's election serves as a precedent. In the Democratic primary, state Senate candidate James Tayoun Jr. challenged Sen. Vincent Fumo, claiming Fumo failed to fill out his first candidate's affidavit properly and that on his second attempt to file the affidavit, an aide signed Fumo's name. Tayoun lost in the lower courts and in his Pennsylvania Supreme Court appeal.

Marilyn Kai Jewett, Braxton's spokesperson, said that Braxton collected his pension only to continue receiving health benefits. She added that the disclosure statement will be corrected and refiled.

Butkovitz said that the controller's office is about honesty and Braxton was not giving full disclosure.

"This is a big issue," said Butkovitz.

Braxton's campaign has a different point of view.

"Alan Butkovitz obviously did not want to draw any attention to the court hearing, I believe, because he wants low voter turnout, which could suppress the African-American vote in the city," says Jewett.

Butkovitz, currently a state House member representing parts of Northeast Philadelphia, is expected to receive the Democratic City Committee's endorsement. That doesn't surprise Jewett considering that Butkovitz is also a ward leader — and ward leaders make endorsements.

"John Braxton is for the people. And this election should be decided by the people," says Jewett.

"I have worked relentlessly for over a year and have received support from both blacks and whites in the city," responded Butkovitz. "This election should be color-blind."

If It Fights like a Duck

There's going to be a lot of quacking going on for the time being now that a federal judge has denied a duck tour boat company an injunction to keep duck calls from its competitor. Judge Legrome D. Davis from the 1st District denied the preliminary injunction that Ride the Ducks requested — that Super Ducks stop using the quackers while their case for trademark violation is being decided.

Last December, Ride the Ducks, amphibious vehicles owned by Herschend Family Entertainment, sued Super Ducks, a competing amphibious vehicle company, because it claimed that they were giving their passengers duck callers that sounded the same as theirs. They claimed that their sensory trademark gave them exclusive rights to the whistles.

Super Ducks owner Alfred Krawitz called that lawsuit baseless, maintaining that Super Ducks' quackers have a distinctive sound and that Ride the Ducks does not own a patent and can't bully the competition.

Ride the Ducks and Super Ducks resumed their tours earlier this month after a winter hiatus.

Super Ducks attorney Morris P. Hershman said the judge's ruling "speaks for itself." Ride the Ducks attorney Michael H. Gaier said his client was disappointed by the ruling and is considering an appeal.

The court has scheduled a pretrial conference for April 14 on the rest of the case.

Meanwhile, in the 3rd Circuit Court of Appeals, a separate duck case is pending. Super Ducks sued to get access to the ramp built and used by Ride the Ducks at Penn's Landing, citing public domain. Milton Street, brother of Mayor John Street and a former consultant to Super Ducks, proclaimed that Super Ducks should also have access to the Penn's Landing ramp that Ride the Ducks built.

Ride the Ducks was not amenable to the idea and a suit was filed. Super Ducks lost, appealed and now launches its boats from the historic Frankford Arsenal.

Correction

Vernon Anastasio was misquoted in last week's column. He said there are only two casino slots sites for the city, and there is a good chance that at least one will be in the 1st Councilmanic District.