National Park Service Also Erroneously Claimed in Federal Court Filings that the Long-Term Operating Agreement Between the National Park Service and the Independence Visitor Center Corporation Existed Five Months Before the Actual Agreement Was Executed

The Great Conundrum: Did the Long-Term Operating Agreement Exist Between the National Park Service and Independence Visitor Center Corporation as of November 23, 2009?

The answer is no! As of November 23, 2009, a Long-Term Cooperative Operating Agreement ("Operating Agreement") did not exist between the United States Department of the Interior - National Park Service ("NPS") and the Independence Visitor Center Corporation ("IVCC") regarding the operation of the Independence Visitor Center ("IVC") in Philadelphia. The NPS and the IVCC only entered into this Operating Agreement on April 26, 2010, "for the purposes of establishing roles and relating to the funding, operation, use and maintenance of the Independence Visitor Center..." (Operating Agreement, Page 1).

10th Anniversary of the National Park Service's Independence Visitor Center - Spotlight on Fact that Concessions Award Process is Followed in All Other National Parks Across the U.S., Except in Philadelphia

The Independence Visitor Center Corporation's (IVCC) Expenses Have Grown Substantially Over Time, The IVCC's Expenses Have Vastly Exceeded Congressional Budget Office Estimates, and The IVCC Has Failed Over a Prolonged Period of Time to Be Economically Self-Sufficient from Revenue Generating Activities

At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia. As the National Park Service (“NPS”) and Independence Visitor Center Corporation mark the 10th anniversary of the Independence Visitor Center on November 10th, it is time for Congress and the Courts to ensure that all commercial contracts at Independence National Historical Park (“INHP”), including at the Federally owned and funded Independence Visitor Center, are issued fairly, subject to existing laws governing the NPS.

Media Alert - Summary of the Matter Pending in Front of the United States Court of Appeals for the Third Circuit: Oral Argument Scheduled for December 6, 2011

Media Alert

Who
The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs-Appellants) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants-Appellees)

What
Lawsuit pending with the United States Court of Appeals for the Third Circuit (Case Documents can be found here)

When
December 6, 2011 - Oral Argument scheduled (time to be determined)

Where

Federal Court in Philadelphia, Pennsylvania with the literal and figurative backdrop of Independence National Historical Park (a unit of the NPS) featuring Independence Hall and the Liberty Bell – America’s Birthplace 

Why
This is a David v. Goliath fight between a small business - The Constitutional Walking Tour vs. the National Park Service and its agent, the Independence Visitor Center Corp. This story focuses on backroom deals, pay to play politics, crony capitalism, heavy hand of government, random and arbitrary government regulations, etc. At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia.

Independence Visitor Center Corporation ("IVCC") Appears to Have Engaged in Eight-Year Effort to Marginalize The Constitutional Walking Tour and Keep the Evidence Secret

The IVCC Has Spent at Least $515,626.00 on Legal Fees to Ballard Spahr over the Period from July 1, 2003 to June 30, 2010

Overview
On July 21, 2003, Bill Moore, President and CEO of the Independence Visitor Center Corporation ("IVCC"), sent a critical evaluation of The Constitutional Walking Tour of Philadelphia ("The Constitutional") to Pennsylvania Governor Ed Rendell allegedly in response to a request from the Office of the Governor ("2003 Memorandum"). The 2003 Memorandum was finally revealed by the Office of the Governor on July 26, 2011 after a lengthy legal battle spearheaded at least in part by the IVCC. In the 2003 Memorandum, Mr. Moore revealed his apparent dislike for The Constitutional since Mr. Moore appears to have perceived The Constitutional as a threat:

"My conclusions on this tour are as follows: ... Copycat idea - not unique to Philadelphia - difficult to separate the product from the Boston [Freedom Trail] experience ... would be confusing to customers ... Philadelphia is almost over-burdened with disjointed products that consumers find hard to understand and use." (emphasis added)

In stark contrast to Mr. Moore's conclusions, The New York Times published a supportive Travel Advisory article about The Constitutional Walking Tour on October 26, 2003 in which it stated:

"A new walking tour of Philadelphia [The Constitutional] helps visitors find their way to sites relating to the city's history and its key role in the creation of the United States.The self-guided, three-mile tour, the Constitutional, features more than 30 historical sites, including churches, museums, former taverns and old hospitals."

Wasted Pennsylvania Taxpayer Dollars: The Independence Visitor Center Corp. ("IVCC") is not a "Tourism Promotion Agency" ("TPA")

Millions of Taxpayer Dollars Spent by The IVCC May Have Violated Permitted Uses of TPA Funds Including For Patronage Pay To Politically Connected "Key Employee" Who Now Works for The IVCC

In an effort to reduce budget shortfalls, Pennsylvania Governor Tom Corbett released a proposed 2011-2012 budget that "includes a 70% reduction in state funding for tourism marketing and promotion." On May 27, 2011, the Philadelphia Business Journal reported,

"Facing a $1 billion budget shortfall, Corbett hopes to save $5.5 million by eliminating the so-called Tourism Promotion Assistance distributed through 49 regional tourism-promotion agencies statewide. The money is used for television-and-print advertising, digital communication and other marketing."

As sacrifices are being made across the board to adapt to reduced funds, hopefully the Commonwealth's limited tourism promotion resources are not being used to continue supporting the unjust actions undertaken by the Independence Visitor Center Corporation ("IVCC"), a taxpayer supported public charity which operates the Independence Visitor Center, a Federal facility.

Tourism Promotion Agency Funding to the IVCC
From 2002 to 2009, the IVCC has received approximately $2.9 million of state taxpayer dollars from Tourism Promotion Agency ("TPA") funds allocated under the Tourism Promotion Assistance Grant Program to the Philadelphia Convention and Visitors Bureau ("PCVB"). Disconcertingly, such redistribution of tax dollars to the IVCC may have violated the permitted uses of those TPA funds and could therefore have potentially constituted the illegitimate and wasteful appropriation of public money.

Guidelines from the Pennsylvania Department of Community & Economic Development
The Pennsylvania Department of Community & Economic Development (“DCED”) published detailed guidelines entitled "Pennsylvania Tourism Office Grant Programs for Destination Marketing Organizations" ("Grant Program Guidelines"). According to the March 2010 release of these Grant Program Guidelines, the Tourism Promotion Act “establishes two grant programs that focus on local and regional marketing – the Tourism Promotion Assistance Grant Program and the Regional Marketing Partnership Grant Program.”

As a Tourism Promotion Agency, PCVB likely receives funds from the Tourism Promotion Assistance Grant Program, while the Greater Philadelphia Tourism Marketing Corporation (“GPTMC”) appears to be the Philadelphia recipient of the Regional Marketing Partnership Grant Program.

Appendix F of the Grant Program Guidelines lists Eligible and Non-Eligible Expenses for the grant funds (pages 39-40). While the reallocation of grant funds is not expressly covered, the delineation of Eligible Expenses emphasizes marketing-related expenditures. The Grant Program Guidelines repeatedly stress this marketing focus for the Grant Program funds.

In the “Introduction,” the Grant Program Guidelines state, “While we face significant economic challenges in 2010 the grant programs for Destination Marketing Organizations [i.e., PCVB] will continue to invest in tourism marketing and product development.” In Section I, Point A: Purpose of the Tourism Promotion Act, the Grant Program Guidelines explicitly state, “The purpose of the Tourism Promotion Act (Appendix A) is to support local and regional Destination Marketing Organizations in their efforts to market and promote tourism.”

As per the Grant Program Guidelines, eligibility to receive TPA funds is limited such that “only designated TPA’s may receive grants under the Tourism Promotion Assistance Grant Program.” “Pennsylvania has 49 designated destination marketing organizations that are eligible to participate in the Tourism Promotion Assistance grant program.” PCVB is a designated TPA. However, the IVCC is not, and has never been, designated as a Tourism Promotion Agency!

National Park Service Has Infringed on the Second Amendment in Philadelphia

The Secretary of the Interior and the National Park Service Have Abused Their Management Discretion at America’s Birthplace in Philadelphia – Home of Where the Second Amendment was Adopted in 1791

The Secretary of the Department of the Interior ("DOI"), acting through the National Park Service ("NPS"), has acted randomly and arbitrarily, and in turn has restricted various Constitutional rights, including those of the Second Amendment, at Independence National Historical Park ("INHP"), a unit of the NPS, in Philadelphia. Just two months after the Federal law governing possession of firearms inside a National Park changed on February 22, 2010, the Secretary of the Interior entered into a statutorily authorized, detailed and long-term Operating Agreement between the United States Department of the Interior - National Park Service and the Independence Visitor Center Corporation ("Operating Agreement") dated April 26, 2010.

This matter is a significant public policy issue for those concerned about Civil Rights, and as such various groups should take action including the National Rifle Association ("NRA") and the NRA's Institute for Legislative Action, especially since this is happening in the shadow of Independence Hall where the Second Amendment was adopted in 1791.

Overview
According to the Operating Agreement, the NPS has placed random and arbitrary limitations on the Second Amendment. Specifically, Section C.20 (page 16) of the Operating Agreement, "Marketing Partnerships and Commercial Activities Undertaken by Third-Parties," states,

"Further, the IVCC [Independence Visitor Center Corporation] agrees that it will not enter into a marketing partnership or agreement with any individual or entity who sells, distributes or trades in, or who is otherwise clearly associated with, alcohol, tobacco, firearms or pornographic material, nor will it enter into any marketing partnership or agreement requiring actions on federal property which may result in a violation of the Establishment Clause of the Constitution." (emphasis added)

It appears that the Secretary of the Interior, acting through the National Park Service's Northeast Regional Director Dennis Reidenbach, is now legislating through the NPS’s unfettered management discretion at INHP. To that end, it makes no sense that the NPS has placed these arbitrary restrictions on its "partner," the Independence Visitor Center Corporation. Instead of exercising the NPS's discretion to create new rules that violate clearly established Constitutional rights, the NPS should simply follow the laws already in place for the management and operation of National Parks, including those laws governing concessions and commercial operations at National Parks. For the record, the signatories on the Operating Agreement are Mr. Reidenbach acting on behalf of Interior Secretary Ken Salazar and James J. Cuorato, President and CEO of the Independence Visitor Center Corporation.

Independence National Historical Park Background
Independence National Historical Park ("INHP") is America’s Birthplace. "The park represents the founding ideals of the nation and is a national and international symbol of democracy and liberty." The Bill of Rights was adopted in 1791 in INHP, and Independence Park has a distinct and singular association with the right of assembly, the right of free speech, the right to petition the government and the right to keep and bear arms.

The Independence Visitor Center Corporation ("IVCC") Appears to Peddle Influence by Offering to Sell a Seat on the IVCC’s Board of Directors to a For-Profit Company

For $125,000.00, “A Seat on the IVCC Board of Directors for a Commerce Bank Executive.”

From 2000 to the present, the Independence Visitor Center Corporation ("IVCC") has touted its Board of Directors, which has had an impressive array of powerful and connected individuals including the Director of the National Park Service ("NPS"), a Managing Director with the Pew Charitable Trusts, the President & CEO of the Center City District, a Deputy Vice Dean of The Wharton School of the University of Pennsylvania, the Mayor of Philadelphia, a representative for the Governor of Pennsylvania and the Governor of Pennsylvania's former Chief of Staff.

The Federal and state funded Independence Visitor Center Corporation operates the Independence Visitor Center ("IVC") at Independence National Historical Park ("INHP"), a unit of the NPS, in Philadelphia.   The IVC is owned and operated by the United States of America - National Park Service, which then sub-contracts with the IVCC, a taxpayer supported public charity, to manage the IVC.

In a 2004-2007 sponsorship proposal that the IVCC developed entitled, “Commerce Bank’s Partnership with the Independence Visitor Center Corporation,” the IVCC appears to have proposed a $125,000.00 three-year promotional sponsorship agreement to Commerce Bank, a for-profit company.

Given the clandestine nature of the IVCC, we do not know what was agreed upon between the IVCC and Commerce Bank, but suffice it to say that Commerce Bank has been one of the long-term paid-for sponsors of the IVCC as evidenced by its Commerce Bank branded ATM in the main entrance (now a TD Bank ATM, since TD Bank acquired Commerce in March 2008), Commerce Bank signage at the IVC, Commerce Bank promotions at the IVC and INHP, Commerce Bank logo and ad on the backs of IVC sold tickets, Commerce Bank logo on the IVC Web site, Commerce Bank promotion on the IVCC's Facebook page, etc. (all similar to what was outlined in the proposal entitled "Commerce Bank’s Partnership with the Independence Visitor Center Corporation").

Lack of Diversity on the Taxpayer Funded Independence Visitor Center Corporation's Board of Directors

Of the 18 Members of the Independence Visitor Center Corporation's ("IVCC") Board of Directors, the IVCC Appears to Have 16 White Directors, 2 Black Directors, and Zero Directors of Either Hispanic or Asian Origin

The Independence Visitor Center Corporation ("IVCC") operates the Independence Visitor Center ("IVC") at Independence National Historical Park ("INHP"), a unit of the National Park Service ("NPS"), in Philadelphia. The IVC is owned and operated by the United States of America - National Park Service, which then has sub-contracted with the IVCC, a taxpayer supported 501(c)(3) public charity, to manage the IVC. Some of the most important moments in American history transpired at INHP: the drafting and signing of the Declaration of Independence and the drafting, debating and signing of the Constitution of the United States.

The Independence Visitor Center itself is situated just across the street from the Liberty Bell Center, which houses the iconic Liberty Bell that has come to symbolize America's freedom for many different groups: the early patriots, the abolitionists, those fighting for women's suffrage, and many seeking freedom throughout the world. As the gateway to INHP -- the place where America's freedom was established and where this great melting pot of diversity was born -- the IVCC should be quite cognizant of maintaining a governing Board of Directors that represents the great diversity of Philadelphia and America as a whole. Unfortunately, the IVCC has instead created an insular and homogeneous Board of Directors that does not reflect the diverse constituent base which funds the IVCC and which the IVCC serves.

Support Job Creators & Target Austerity Measures by Eliminating Federal Funding to the Independence Visitor Center Corporation

Save Almost $1.0 Million Per Year in Wasteful Federal Funding of the Independence Visitor Center Corporation in Philadelphia

On April 15, 2011, President Obama signed the Fiscal Year 2011 appropriations Continuing Resolution ("CR") (PL 112-10) that has kept the Federal government operational for the next six months, ending a long national dispute over Fiscal Year 2011 spending. The CR will reduce the budgets of the National Park Service ("NPS") by millions of dollars including NPS operations by $7.0 million, construction by $30.0 million and recreation and preservation by $10.0 million (source: National Park Service Hospitality Association). Hopefully, the NPS responds to this budget decrease with greater honesty than it displayed in the past when it came to previous rounds of budget cuts.

As both Democrats and Republicans negotiate spending priorities and identify wasteful pork to be cut, both now and in future budgets, the Federally funded Independence Visitor Center Corporation ("IVCC"), which operates the Independence Visitor Center ("IVC") at Independence National Historical Park ("INHP"), a unit of the NPS, in Philadelphia would be a sensible, prudent and symbolic target for austerity measures. The IVC is owned and operated by the United States of America - National Park Service, which then sub-contracts with the IVCC, a taxpayer supported public charity, to manage the IVC that is staffed by NPS rangers. From November 19, 2001 to April 26, 2010, the IVCC's operation of the Independence Visitor Center was governed by the NPS's Special Use Permit through which the IVCC managed the IVC "subject to the supervision of the [NPS's] Superintendent" and "consent of, the National Park Service." Further, NPS officials have served on the Board of Directors of the IVCC.

The IVCC and National Park Service ("NPS") have a long history of failure to adhere to Federally mandated concessions laws and of anti-business practices that have stifled competition and economic opportunity at INHP. These practices have driven The Constitutional Walking Tour--a small business that creates jobs for Philadelphia-area residents--out of the Independence Visitor Center ("IVC") and into a strained economic condition. Amidst efforts to improve the economy and to reduce unemployment, it is absolutely essential that job-creating, private sector enterprises like The Constitutional Walking Tour not be hampered by oppressive, anti-growth regulations, especially those which are enforced randomly and arbitrarily.

Since 2001, the NPS has given more than $8.25 million in Federal appropriations to the IVCC. On February 3, 2011, the NPS filed a Notice of Intent to Award another $850,000.00 in Federal funds to fund the “Operation, Use and Maintenance” of the IVCC.

This $850,000.00, which is designated for "project activities without full and open competition," should be withheld for numerous reasons given the anti-business practices at the NPS and IVCC, the parties' false and misleading statements about the nature of their relationship, and the willful non-compliance of the NPS and the IVCC with their statutorily authorized Operating Agreement ("Operating Agreement") dated April 26, 2010.

Business as Usual: The National Park Service Misled the Public and News Media

As new austerity measures take shape in terms of Federal budget cuts including for the National Park Service ("NPS"), it is instructive to review how the NPS previously acted in 2004 during previous rounds of budget cuts.

In 2004, the National Park Service ("NPS") engaged in a pattern of misrepresentation, deception, and obfuscation strikingly similar to the activities in which NPS now engages. The efforts at deception were most evident in the NPS Northeast Region, which includes Independence National Historical Park, a unit of the National Park Service, in which repeated violations of Congressional mandates, fair business practices, and Constitutional rights have occurred.

On February 20, 2004, Chrysandra Walter, NPS Deputy Director of the Northeast Region (Dennis Reidenbach, former Superintendent of Independence National Historical Park, would later become Regional Director for the NPS Northeast Region), sent a memo to NPS Superintendents in the NE region regarding budget cuts which advised them with guidance from Randy Jones, NPS Deputy Director:

"If you think that some of your specific plans will cause a public or political controversy, Marie [Rust, NPS Regional Director NE] and I need to know which ones are likely to end up in the media or result in a congressional inquiry…Randy [Jones, NPS Deputy Director] felt that the issuance of a press release was the most problematic… He suggested that if you feel you must inform the public… not to directly indicate that ‘this is a cut’ in comparison to last year’s operation… We all agreed to use the terminology of ‘service level adjustment’ due to fiscal restraints as a means of describing what action we are taking.” (emphasis added)

This NPS memo for the Northeast Region showed that NPS personnel had actively attempted to spin and mask National Park budget cuts in a way that prevented the public and the media from realizing the truth. The evident effort to deceive the public became more pronounced when comparing the NPS Northeast Region memo to the one directed towards the NPS Midwest Region. In the NPS Midwest Region memo, the focus was on trying to streamline budgets so as "to collectively use the 'cards dealt to us [NPS]' for the best overall advantage in preserving and protecting the resources of the National Park System." The goal of the Midwest memo was clear:

"In these tough times, building a solid, reasonable, and defensible rationale for what we choose not to do allows us to direct our limited resources to our core mission of protecting park resources and providing for visitor understanding and enjoyment."

Unlike the memo from the NPS Northeast Region, the NPS Midwest Region memo did not attempt to mislead the public or media, or to engage in political posturing and gamesmanship.

The Constitutional Walking Tour Terminated at the Independence Visitor Center ("IVC"); IVC CEO Refused to "Diginfy" The Constitutional's Operational Concerns and Deemed Such Concerns "Nonsense"

April is the official start of The Constitutional Walking Tour's public tour operations for 2011, and The Constitutional Walking Tour will not be operating from the Independence Visitor Center. In fact, due to threatening comments posed by the Independence Visitor Center Corporation ("IVCC") and a prolonged and inflexible refusal by the Independence Visitor Center Corporation and National Park Service ("NPS") to compromise, to act in good faith and to not act in a random and arbitrary manner, The Constitutional Walking Tour no longer has any business relations with the Independence Visitor Center Corporation.

Issues negatively affecting the working relationship between The Constitutional, the IVCC and the National Park Service arose more than five years ago. Since the Spring of 2006, The Constitutional has made repeated efforts to facilitate an agreement and resolution amenable to all parties. The IVCC and NPS have repeatedly rebuffed The Constitutional's attempts. In July 2009, following an established pattern of improper treatment by NPS and the IVCC, The Constitutional filed litigation as a last resort. Even after the litigation was filed, The Constitutional used good faith efforts to negotiate a settlement for past damages and for a means of operating at the Independence Visitor Center ("IVC") in a fair and equal way going forward.

One such effort by The Constitutional to amicably resolve operational issues at the IVC occurred on July 8, 2010, when The Constitutional reached out via email to Jim Cuorato, President and CEO of the IVCC. Due to the lack of visibility and accessibility imposed by random and arbitrary treatment by the IVCC and NPS, The Constitutional had experienced poor sales over the July 4th holiday weekend, and these disappointing figures were caused by the actions of the IVCC and NPS. In light of these operational challenges, The Constitutional contacted Mr. Cuorato seeking a way to avoid such issues in the future.

Instead of seriously regarding The Constitutional's concerns and engaging in a dialogue that would lead to better results for all involved parties, Mr. Cuorato tersely and dismissively replied to The Constitutional on July 9, 2010.   Mr. Cuorato dismissively refused to "dignify" The Constitutional's feedback with a "specific response" since Mr. Cuorato deemed it "un-partner-like behavior" and "nonsense."  Mr. Cuorato wrote, "I find it interesting, but not surprising, that you chose to write this nonsense. I will not dignify your letter below with a specific response." Mr. Cuorato concluded with a thinly veiled threat:

"Your antics have stretched my patience. So if you are not happy with either ticket sales or promotional events that we undertake in our building, I would be happy to stop selling your tickets and end our relationship (and am seriously considering doing so in any event)."

The prolonged and unchecked actions of the IVCC and the NPS have now caused The Constitutional Walking Tour to stop doing business once and for all at the IVC as of November 30, 2010.  With The Constitutional no longer operating at the IVC, it appears that Mr. Cuorato's plan has reached fruition. In light of the continued refusal of the IVCC and NPS to seriously and meaningfully discuss ways in which to address The Constitutional's concerns, The Constitutional is pressing forward with the lawsuit against the Independence Visitor Center Corporation and National Park Service. The Constitutional Walking Tour is seeking compensatory and punitive damages, including for lost profits, damaged reputation, loss of goodwill, legal fees and costs, whereby The Constitutional may realize some of the value that it could have realized in the creation, operation and potential sale of its business, but for the egregious actions of the IVCC and NPS.

Several Tour Operators Have Reported Operational Challenges at the Independence Visitor Center Due to Unfair, Random and Arbitrary Treatment

While this blog includes commentary regarding The Constitutional Walking Tour's operational challenges in Independence National Historical Park, a unit of the National Park Service, including at the Independence Visitor Center, The Constitutional is certainly not alone in its complaints of the unfair random and arbitrary treatment that it receives from the Independence Visitor Center Corporation ("IVCC") and National Park Service.

Other tour operators have remarked on the inequitable playing field that has been enabled by the actions of the Independence Visitor Center Corporation and National Park Service at Independence National Historical Park; these complaints have persisted at the Independence Visitor Center ("IVC") and date back to at least 2005.

On January 26, 2005, Scott Lewis, then General Manager of Ride the Ducks Philadelphia, wrote to Brian Abernathy, then Legislative Assistant to Philadelphia City Councilman Frank DiCicco, and to Fran Dougherty, then Assistant Managing Director of Philadelphia. Mr. Lewis emphasized problems that would arise by moving Ride the Ducks' operations to the Independence Visitor Center:

"We [Ride the Ducks] require a high pedestrian traffic area in order to run a successful operation [...] Placing all operators side by side would cause confusion and would be a disservice to Philadelphia visitors [...] We would have no ability to sell our own products or distribute our information at the [Independence] Visitor Center location [...] If the Visitor Center sells our tickets, we lose a substantial amount of revenue to commissions [...] The Visitor Center staff would not fairly represent our products."

By mentioning the importance of high-traffic areas and the ability to distinguish between tour operators, Mr. Lewis appeared to acknowledge the need for a tour company to have accessibility to customers and visibility for prospective customers to identify the tour attraction. Mr. Lewis expressed concerns about the possibility of the IVCC staff unfairly representing a tour and lost revenue resulting from a "partnership" with the IVC.

On June 28, 2010, Stephen Earnest, Vice President and General Counsel for Herschend Family Entertainment (which owns Ride the Ducks International (RTDI)), wrote to Dennis Reidenbach, Northeast Regional Director of the National Park Service (NPS). Mr. Earnest described as "arbitrary and capricious" (emphasis added) the NPS's decision not to extend three of the four Commercial Use Authorizations issued to Ride the Ducks by Independence Historical Park. Mr. Earnest also said, "NPS is discriminating against RTDI without any reasonable basis for doing so" (emphasis added).

$1.0 Million in Public Funding from the Delaware River Port Authority ("DRPA") to the Independence Visitor Center Corporation (IVCC)

Private Benefit and Inurement - Public Dollars Serving Private Interests: Independence Visitor Center Corporation ("IVCC") Is Not A "Small, Emerging and New Business" as per DRPA's Grant Requirements; DRPA's and IVCC's Corporate Governance - Conflicts of Interest with Funding when John Estey Chairs Both DRPA and IVCC

On November 19, 2010, the Philadelphia Inquirer reported that the "DRPA funneled more than $13 million to groups, some with ties to board,"

"DRPA [Delaware River Port Authority] officials repeatedly have said in the last two years that they were out of the economic-development business... That followed the DRPA's pledge in July 2008, during public hearings for bridge toll increases, to end its spending on such projects."

On November 15, 2010, the Philadelphia Inquirer Editorial Board published the following,

"The Delaware River Port Authority has finally proven the existence of an alternate universe in which it must be located. In an era of dire government budgets and municipal bankruptcies, it's somehow sitting on a gigantic pile of spending money.

Despite the temptation to keep found cash, many people actually try to return it to whomever it belongs. One might even be so starry-eyed as to hope the DRPA would give its extra money back to the public - a notion likely to make one of its officials laugh so hard as to choke on his toll-funded wasabi-and-panko-crusted ahi tuna steak at the Palm."

On August 9, 2010, the Philadelphia Industrial Development Corporation ("PIDC") reached an agreement ("Funding Agreement") with the Independence Visitor Center Corporation ("IVCC") whereby PIDC would funnel $1.0 Million in economic development funds from the Delaware River Port Authority ("DRPA") to the IVCC.

The details of this Funding Agreement reveal the inherent conflict of interest that has emerged through the entangled web of allegiance and responsibility between two agencies designed to serve the public--DRPA and IVCC.

John Estey is the Chairman of the Board of of Directors of both the DRPA and the IVCC. His law firm, Ballard Spahr, has represented both of these organizations for years. The PIDC Funding Agreement appears to show the ways in which public funds may have been used for the personal gain of those involved in these organizations.

A Growing Chorus for Transparency at the Independence Visitor Center Corporation

Calls for openness at the publicly funded Independence Visitor Center Corporation ("IVCC") are increasing. In recent months, several elected members of the Pennsylvania Legislature have requested that IVCC adopt and abide by both the Pennsylvania Right to Know Law and Sunshine Act. Pennsylvania State Representative Michael O'Brien, Pennsylvania State Senator Anthony Williams, and Pennsylvania State Senator Lawrence Farnese have all written to Philadelphia Mayor Michael Nutter and Pennsylvania Governor Rendell, asking them to make the Independence Visitor Center transparent and to heed the Final Determinations of the Pennsylvania Office of Open Records by releasing documents related to the IVCC.

On September 21, 2010, Representative O'Brien wrote to both Mayor Nutter and Governor Rendell:

"As you know this entity [IVC] is located in my district and I feel it is important that such an entity located in the heart of the historic area should be beholden to the values [...] our country was founded on [...]"

On November 22, 2010, Senator Williams wrote to both Mayor Nutter and Governor Rendell, saying:

"I would request your leadership in abiding by the Sunshine Act and the Pennsylvania Right to Know law [...] It is my understanding, the requests under the Right to Know law are being denied. Since the IVC receives funds provided by the Commonwealth of Pennsylvania, it would be appropriate to have this request fulfilled."

On November 23, 2010, Senator Farnese wrote to both Mayor Nutter and Governor Rendell, also issuing a call for open operations:

"Compliance with the Right to Know Law and the Sunshine Act would provide openness and accountability to this publicly-funded entity and its operations [...] I ask for your leadership in following both the letter and spirit of open records laws in dealing both with Mr. Bari and any other citizen requesting information in the future."

Elected public officials are attempting to make the IVCC transparent. These elected officials have acknowledged the need of the IVCC to become accountable to the public which funds it.

It is time for Mayor Nutter and Governor Rendell to relent in their protection of the secretive business practices at the IVCC. It is time for Mayor Nutter and Governor Rendell to release the requested records as ordered by the Pennsylvania Office of Open Records and to demand transparency and accountability at the Independence Visitor Center Corporation.

---------------------------

Exhibits:
Letter from Representative Michael H. O'Brien to Governor Rendell, 9-21-2010

Letter from Representative Michael H. O'Brien to Mayor Nutter, 9-21-2010

Letter from Senator Anthony Williams to Governor Rendell, 11-22-2010

Letter from Senator Anthony Williams to Mayor Nutter, 11-22-2010

Letter from Senator Lawrence Farnese to Governor Rendell, 11-23-2010

Letter from Senator Lawrence Farnese to Mayor Nutter, 11-23-2010

What Do Gambling and Secrecy Have to Do with a Public Charity that Operates on Federal Land?

On September 23, 2010, the Pennsylvania Gaming Control Board (PGCB) granted SugarHouse Casino - Philadelphia's first and only casino - its official authorization to operate slots and table games.

On October 10, 2010, Paul Davies, Deputy Editorial Page Editor of The Philadelphia Inquirer wrote,

"Casinos prey on those desperate for a miracle...It will be Rendell's legacy that the city he helped save as mayor will now see many lives destroyed by all the social ills that are sure to follow gambling in Philadelphia."

While the purpose of this blog entry is not to weigh in on the casino debate in Philadelphia, it is nonetheless important to learn what back room deals may have been made in Harrisburg to leverage casino operations to fund the Independence Visitor Center Corporation, a public taxpayer supported charity, that runs the Independence Visitor Center. (The land on which the Independence Visitor Center (IVC) is built, as well as the building itself, are owned by the federal government and administered by Independence National Historical Park, a unit of the National Park Service.)

William W. Moore, former President and CEO of the Independence Visitor Center Corporation (IVCC), wrote to Governor Edward Rendell about the IVCC and legalized gambling and casino operators. In the July 9, 2004 letter, Mr. Moore wrote the following,

"Congratulations on the historic legislation allowing slot machine installation in Pennsylvania. That was a long and difficult battle, but in the end residents and visitors to the Commonwealth all come out as winners. You may recall in a meeting in late 2003 discussing ways that we could leverage casino operations to help support the Independence Visitor Center operations. With the legislation successfully passed, I would like to renew those discussions...To secure our long-term future and provide sustainable, consistent funding I would like you to consider taking a renewed look at how we might achieve financial support for the Visitor Center operations either directly or indirectly from the licensing, permitting or operations of our new casino operators."

Casino operations are predicated upon having winners and losers, and as such, Mr. Moore's argument that "in the end residents and visitors to the Commonwealth all come out as winners" is absurd.

National Park Service Concessions - Independence National Historical Park

The above video outlines the main challenges The Constitutional encounters at Independence National Historical Park due to the unfair regulatory practices in place there. The Constitutional is seeking equitable treatment from the National Park Service and Independence Visitor Center in Philadelphia, in terms of visibility and accessibility for the operations of its guided historical tour business, as compared with other tour operators.

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The exhibits below illustrate the landscape and floor plan of the Independence Visitor Center in Philadelphia, both inside and outside, and how the Independence Visitor Center Corporation and National Park Service have forced The Constitutional Walking Tour to be completely marginalized both and inside and outside of this 50,000+ square foot complex.

EXTERIOR:

• Exterior 1-Overview of the IVC exterior and surrounding area
• Exterior 2-Detailed look at the IVC exterior and the prominence competitors have over The Constitutional

INTERIOR:

• Interior 1-Overview of IVC interior with emphasis on north end, where tour operators are located
• Interior 2-Detailed look at the IVC interior and the limited space allotted to walking tours (Note: walking tours have since moved to the far north wall and have therefore been further marginalized)
• Interior 3-Detailed look at the IVC interior and the prominence competitors have over The Constitutional

Ride the Ducks Photo Concessions on National Park Service Property

The above video clearly shows concession sales occurring on sidewalks around the Independence Visitor Center, on National Park Service property. Despite awareness by involved parties, despite the fact that the opportunity to sell concessions has been denied to The Constitutional, Ride the Ducks regularly violates their Commercial Use Authorizations and engages in these prohibited activities with no consequences. This demonstrates the inconsistent, random and arbitrary standards in place at Independence National Historical Park.

What is Mayor Michael Nutter Hiding?

Mayor Nutter serves on the Board of Directors of the Independence Visitor Center Corporation, a private company, which runs the visitor centers at Independence Park, City Hall and Fairmount Park.

Under the Pennsylvania Right to Know Law, The Constitutional Walking Tour requested records regarding Mayor Nutter's role on the Board of Directors of the Independence Visitor Center.

The City of Philadelphia denied the release of the records.

The Constitutional appealed, and the PA Office of Open Records issued a legally binding Final Determination for the City to release the records stating, "If a public official [Mayor Nutter] serves on a private board in an official capacity, the public has a right to know the extent of that service and see records associated with it."

The City refused to release any records! Instead, the City is spending taxpayer dollars to sue The Constitutional to block the release of public documents despite the City hemorrhaging cash, raising taxes and cutting services.

The City is requiring my small business to allocate our scarce resources to fight the appeal. Mayor Nutter promised that transparency and accountability would govern his Administration. Now it looks like Mayor Nutter has something to hide.

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Exhibit:
PA Office of Open Records, Final Determination, Jonathan Bari and The Constitutional Walking Tour vs. City of Philadelphia, Docket No.: AP 2010-0157, 4/7/10;
"Minutes of a non profit organization on which the mayor sits in his official capacity as the mayor, record of the agency"

Rendell's Pork-Laden Politics at the Independence Visitor Center

In response to the Harrisburg Patriot-News July 13, 2010, editorial titled, "Pork barrel rolls right to Philadelphia":

Governor Rendell's new Pennsylvania State budget is packed with so much pork for Rendell's pet appropriations under the guise of the Redevelopment Assistance Capital Program. For example, when Pennsylvania is hemorrhaging cash, raising taxes and cutting services, Rendell has appropriated $5 million for the Independence Visitor Center in Philadelphia. This appropriation seems particularly bizarre given that this building, which is federally owned and funded, just opened in 2001.

Cronyism is commonplace with the Independence Visitor Center Corporation (IVCC), which operates the Independence Visitor Center in a clandestine manner better suited to the CIA than to a visitor center. In addition to the IVCC Board being chaired by Rendell’s former chief of staff, Rendell appoints a “Governor’s Representative” to the IVCC Board. However, the Governor’s office has denied Right to Know Law requests for further information on Rendell's role with the IVCC's Board. Additionally, Philadelphia’s Mayor Nutter himself serves on the IVCC’s Board. The City of Philadelphia has denied similar record requests for Mayor Nutter's involvement with the IVCC Board, and now both the City and IVCC have actually sued to block the release of information as ordered in a legally binding Final Determination by the Pennsylvania Office of Open Records.

Governor Rendell must insist that in exchange for $5 million to the Independence Visitor Center, the IVCC's Board must change to abide by both the Sunshine Act and the Right to Know Law. Alternatively, Rendell should compel his representative's resignation from the IVCC Board and yank the $5 million in funding.

Seeking Congressional Oversight on The National Park Service

It should not take four years and a team of lawyers for a small business to be able to compete on a level playing field in dealings with the National Park Service (NPS) at Independence National Historical Park and the Independence Visitor Center in Philadelphia, Pennsylvania. However, that is exactly the case for The Constitutional Walking Tour of Philadelphia. To that end, in this economic crisis when many companies in diverse industries are seeking a federal bailout, The Constitutional is simply seeking a federal breakthrough to ensure that it receives equitable treatment from the National Park Service and Independence Visitor Center in terms of visibility and accessibility for the operations of its guided historical tour business, as compared with other tour operators.