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).

Third Party Master Plan Acknowledges Challenges at the Independence Visitor Center

"IVC & NPS Relationship: The IVC and National Park Service share the Visitors [sic] Center, but they often seem to be in competition with each other. There is a clear divide in the building and the information desk and visitors can feel the apparent tension between the two entities. This can be confusing and awkward for a first time user." -- ex;it (consulting and design firm)

Overview
The Philadelphia Inquirer recently reported that the "DRPA [Delaware River Port Authority] funneled more than $13 million to groups, some with ties to board." As previously discussed on this blog, these funds were outrageously going to the Independence Visitor Center Corporation ("IVCC"), a taxpayer supported public charity, which is chaired by John Estey (who also chairs the DRPA), even though the IVCC has nothing to do with the bridges that the DRPA operates.

Part of the $1.0 Million dollars allocated from the DRPA to the Independence Visitor Center ("IVC") is intended for a "New Wayfinding System." In the IVCC's proposal for the grant funding, the Independence Visitor Center Corporation stated:

"Due to the Visitor Center's long and narrow configuration, the use of the south end of the building for NPS exhibits, and the location of the concierge desk about half way back, the current system of directional signage and pedestrian circulation is ineffective. IVCC has retained exit, a local firm specializing in wayfinding and improving the pedestrian experience in challenging environments. The results of their research will lead to a program of improvements in and around the building which will enhance the visitor experience, improve pedestrian flow and circulation, and make the building more user-friendly and easier to navigate. We will look to implement these improvements in late 2010" (emphasis added).

The "local firm specializing in wayfinding" is "ex;it", and the firm created a "draft preliminary" plan dated September 3, 2010, and titled, "Independence Visitor Center: Visitor Experience Assessment & Touchpointing Master Plan." Ex;it identified five main priorities for the IVC: increase revenue, increase number of visitors, improve visitor experience, increase utilization of services, and increase staff efficiencies. Through its analysis, ex;it also identified some of the challenges facing tour operators at the IVC. Elements of ex;it's analysis are presented below and in the Exhibits. Details about the specific problems facing The Constitutional Walking Tour in terms of visibility and accessibility are presented in this post and in this video.

Problems for Walking Tour Operators
The observations and conclusions in the Master Plan highlight some of the major obstacles challenging walking tour operators at the IVC:

• The assessment includes an image of the North End of the IVC labeled "EMPTY" with the caption, "The North Entrance is usually empty and disorienting. Occasionally a tour meets here and clogs the entrance, but there is often only empty tables to welcome visitors."

• "Observations show the location of the café is a visual block in the space."

• "The Playmotion screen currently resides in the North end and lacks clear identification. It takes away possible seating and generally visitors did not find the screen enjoyable. It is not centered around Philadelphia history nor does it have a clear focus."

• "These [concierge] interactions are not typically tailored to the individual, nor do they promote the smaller, lesser known attractions."

• "Vendors: There are multiple vendors that serve visitors out of the Visitor Center. Visitors may choose to bypass the Concierge Desk and approach the tour vendor directly. These experiences are often more focused and 'retail oriented.'" These vendors include Ride the Ducks, Philadelphia Trolley Works, Franklin's Footsteps, City of Philadelphia Mural Arts Tours, Max and Me Catering, etc.

• "Currently the IVC directs many visitors to use the tourist-centered transportation such as the Phlash bus, taxis or the Big Bus tour. Public transit, like Septa, is difficult to give instructions for, so most visitors are directed to use other transportation." (emphasis added)

Walking tours such as The Constitutional Walking Tour are relegated to a remote, "empty" area of the IVC where they are overshadowed by a large media system (playmotion) that is unfocused and not enjoyable. The cafe further obstructs the visual space that may encourage visitors to head towards the walking tour staging location. According to ex;it's findings, the IVCC's concierge staff does not ameliorate this problem as they appear to promote large companies such as Big Bus tours instead of smaller businesses with less accessibility and visibility to visitors. Furthermore, the lack of a designated space or sales kiosk (which The Constitutional has tried to attain from the NPS and IVCC through a license for comparable space on fair, reasonable and non-discriminatory terms) precludes The Constitutional Walking Tour, for example, from delivering the more direct and focused retail experiences that other vendors can.

$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.

Independence Visitor Center Corporation Has Spent Almost $147,500.00 in Lobbying With S.R. Wojdak & Associates

John Estey, Esq., Chairman of the Independence Visitor Center Corporation ("IVCC"), senior partner at Ballard Spahr, and Pennsylvania Governor Ed Rendell's former Chief of Staff, told the Philadelphia Inquirer that the IVCC is "not a public entity", in spite of the fact that the IVCC is a taxpayer supported public charity.

However, the IVCC has spent almost $40,000.00 per year since January 1, 2007 with S.R. Wojdak & Associates, to lobby the Commonwealth of Pennsylvania, likely for funding of the taxpayer supported Independence Visitor Center.

According to records obtained from the Commonwealth of Pennsylvania Department of State's Web site, the Independence Visitor Center Corp. has spent roughly $10,000.00 per quarter, every quarter, since January 1, 2007, to the present. A total of $147,588.00 and counting.

Pennsylvania only required lobbying registration after January 1, 2007. Based on a review of publicly available emails that Wodjak's John Hawkins sent on behalf of the IVCC, Wojdak has been representing the IVCC for many more years (at least dating back to 2005). Additionally, Wojdak may have also done lobbying for the IVCC with the City of Philadelphia. Unfortunately the City of Philadelphia has not yet required lobbying disclosure forms to be filed, and as such, the IVCC's expensive quarterly lobbying habit may in fact be much more than $10,000.00 per quarter.

Note: The Commonwealth of Pennsylvania's lobbying disclosures only include lobbying done at the Commonwealth level. Therefore, it does not cover lobbying done to municipal governments, such as to the City of Philadelphia. While Philadelphia has passed a Lobbying Disclosure Act, it will not go into effect until mid-2011, meaning that no records are available showing the lobbying that has been directed towards City of Philadelphia officials.

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

Liberty 360: Stupidity All Around

Liberty 360 is a waste of taxpayer money in that it is a dreadful show - while the design of the space is terrible and the technology is awful, the content manages to be the worst part of Liberty 360.

Neil Nandi

November 4, 2010

Overview
George Washington began the second term in the history of the Presidency of the United States in a plain red brick building called Congress Hall, located on the southeast corner of 6th and Chestnut Streets. The simplicity of this modest building - the precursor to the magnificent U.S. Capitol building in Washington, D.C. - underlies the humble dignity of this nation’s fundamental goal: a government of the people, by the people, for the people. A little more than two hundred years later, Congress Hall has been marred by garish lights from across 6th Street, lights whose tackiness, pointlessness and blindness to good sense underlie those same qualities in its source: Liberty 360, the new show at the Historic Philadelphia Center, located at the southwest corner of 6th and Chestnut Streets. The show runs 15 minutes and costs $6.00, yet somehow manages to be a remarkable waste of time and money.

Historic Philadelphia Incorporated (HPI) suggests something marvelous from its Liberty 360 show, heralding,

“This amazing, emotional, visual and audio film adventure celebrates the iconic symbols which have shaped the history of America... This brand new attraction, a 360-degree, 3-D show designed by David Niles escorts the audience on a journey of discovery and exploration of America...” 

What a wonderful concept: a spectacle that will use cutting-edge entertainment technology to infuse America’s incredible past with an energy capable of powerfully conveying to 21st Century audiences the inspirational story of our freedom. At its core, this is truly a great idea. So was the Edsel.

Instead of delivering a compelling product that merges history with modernity, HPI has produced a boring and disjointed waste of money that, remarkably, may leave audience members less knowledgeable than when they entered.[1]