x
Breaking News
More () »

‘No-good water’: Flint residents’ lawsuits put Michigan officials in crosshairs

An attorney representing Flint residents who are suing Michigan officials over what his legal team calls the city’s “lousy, no-good water” had...
ne-008sa_cnna-st1-100000000318a6e7-640x360_800k-1-thumb

An attorney representing Flint residents who are suing Michigan officials over what his legal team calls the city’s “lousy, no-good water” had a message Tuesday for state officials targeted in the lawsuits: “Don’t fight it.”

The state is responsible for the water woes Flint residents have suffered and continue to suffer as a result, and the only responsible thing the state can do is own up to it, attorney Michael Pitt said.

“If you make the mess, you clean it up,” he said. “I’m reminding our elected officials of what my kindergarten teacher told me.”

The three lawsuits seek individual damages for Flint residents — an estimated 500 and counting at the time of the news conference — who have complained of health issues and worry about future ailments as a result of the state swapping the city’s water source from Lake Huron to the notoriously filthy Flint River in 2014.

Bill Goodman, another member of the legal team, explained to reporters the purpose of the three lawsuits: The federal lawsuit filed in November addresses alleged violations of the U.S. Constitution, the suit filed last week in the Michigan Court of Claims targets alleged violations of the state constitution, and the suit filed in Genesee County Circuit Court deals with what he called “grossly negligent actions by government officials.”

(These three are in addition to at least one more class-action lawsuit, filed by a separate firm on January 6, accusing the state, city and various officials of breach of contract, unjust enrichment, breach of warranty and violation of the Consumer Protection Act.)

‘Stuff is revealed’

During the discovery process, Goodman said, attorneys and their clients should receive within six weeks emails and other documents from various government officials, including Gov. Rick Snyder, that could shed light on a critical yet heretofore unanswered question: How the heck did this occur?

“We finally find out what happened. Stuff is revealed that hasn’t been revealed,” he said.

Pitt added that the response to the federal lawsuit is due February 1, and that may provide some answers, but he encouraged state leaders to act promptly in providing money to residents who have been inconvenienced, sickened or worse by the water debacle.

“They need financial aid. Water’s great. Filters are great,” he said. “But our people need financial aid and they need it now.”

He further lambasted state officials who, he alleged, learned of elevated lead levels in children’s blood in 2014 and did nothing.

“They were staring at a public health emergency, and they sat on it for over 10 months,” he said, further criticizing leaders who assured residents the water was safe when they knew it wasn’t true.

“I don’t know how many kids were poisoned because of these false assurances, but we’re going to find out.”

‘Disaster’ acknowledged

Snyder is expected to address the water situation in Flint during his state of the state address to Michigan lawmakers Tuesday night. The governor, in particular, has become a lightning rod for criticism because the crisis unfolded under the state’s watch.

Snyder’s critics say the governor has handled the situation so abominably that this crisis amounts to “Katrina II.”

He has apologized and acknowledged it has been a “disaster,” but says he’s doing all he can to fix it.

What he won’t do is step down.

Even though protesters have repeatedly called for him to resign, he has resisted.

“I want to solve this problem,” he told the National Journal. “I don’t want to walk away from it.”

Easily averted?

In April 2014, the state — which had appointed an emergency manager to Flint amid a financial emergency — decided to temporarily switch Flint’s water source to the Flint River as a cost-saving measure until a new supply line to Lake Huron was ready.

The Flint River had long had a reputation for nastiness when the state made the switch, and a 2011 study had found that before water from the Flint River could be considered potable, it would need to be treated with an anti-corrosion agent, a measure that would have cost the state about $100 a day.

Experts say that water treatment would have prevented 90% of the problems with Flint’s water.

After the switch, residents complained their water looked, smelled and tasted funny.

Virginia Tech researchers found the water was highly corrosive. The class-action lawsuit filed last year alleges the state Department of Environmental Quality didn’t treat the water for corrosion, in accordance with federal law, and because so many service lines in Flint are made of lead, the noxious element leached into the water of the city’s homes.

The city swapped back to the Lake Huron water supply in October, but the damage was already done to the lead pipes. The state is now handing out filters and bottled water with the help of the National Guard.

Lead poisoning is dangerous for anyone — the related woes include skin lesions, hair loss, vision loss, memory loss, depression and anxiety, according to the class-action lawsuits — but Mayor Karen Weaver seems equally worried about the future.

Research shows lead exposure can affect a developing child’s IQ, resulting in learning disabilities. Weaver said she worries that Flint will need an influx of funding in the future to deal with mental health issues and “an increase in the juvenile justice system.”

Attorney Cary McGehee, another lawyer with the legal team representing the class-action lawsuits, said Tuesday she has also heard of Flint residents suffering seizures, miscarriages and psychological breakdowns stemming from the anxiety over their and their kids’ health.

Weaver traveled to Washington and met with Valerie Jarrett, senior adviser to President Barack Obama, on Tuesday, and she was expected to meet with the President himself before day’s end, White House spokesman Josh Earnest said. The administration is naming Nicole Lurie, the Department of Health and Human Services assistant secretary for preparedness and response, to coordinate federal action in Flint.

State of emergency on three levels

Weaver, who took office two months ago, and Snyder have both declared states of emergency. Responding to Weaver’s and Snyder’s cry for federal assistance, which Snyder said would help with temporary housing and home repairs, Obama on Saturday also issued a state of emergency.

“The checks and balances that theoretically could have been there didn’t work. This is a mess. I mean, I feel terrible about all this happening. And that’s why I’m working hard to do everything I can to repair the damage and then actually work to strengthen Flint and the citizens,” Snyder told the National Journal.

It’s too little, too late, say some.

On Monday, around 100 protesters rallied outside of the governor’s home in downtown Ann Arbor, according to CNN affiliate WXYZ. More protests are planned for Tuesday.

More than just water woes

Flint isn’t the only crisis Snyder is dealing with at the moment.

Snyder is also expected to address the “hazardous” conditions of some Detroit schools. Teachers across the district have staged a massive “sick-out” in protest of conditions they say are hurting students’ WXYZ reported.

Teachers have complained of overcrowded classes, deplorable building conditions and equipment shortages.

Mayor Mike Duggan took a tour of city public schools last week along with city environmental officials and the head of the city’s main teachers union, the Detroit Federation of Teachers, according to his office and a union spokeswoman.

The 20 schools thought to have the worst problems will be inspected by the end of January, with the other schools inspected by the end of April, the mayor’s office said.

“We’ve been assured by Emergency Manager (Darnell) Earley that (Detroit Public Schools) will respond promptly to correct any deficiencies found in these inspections and we look forward to working with the district to resolve these problems,” Duggan said.

Before You Leave, Check This Out