A federal judge has ordered state officials to deliver bottled water to Flint residents who can't easily go to distribution stations to pick up their own water and don't have properly installed and maintained water filters.
In a preliminary injunction issued Thursday, U.S. District Judge David Lawson said the state and City of Flint must, effective immediately, deliver four cases of bottled water per resident per week to qualified Flint households.
Essentially, Lawson ordered the state and city officials to deliver bottled water to all Flint homes, unless officials verify, on a regular basis, the home has a properly installed and functioning water filter, or the residents decline delivery.
"The court today affirmed that all people have the right to safe drinking water, including the people of Flint," said Dimple Chuadhary, senior attorney for the Natural Resources Defense Council, one of the plaintiffs that brought the lawsuit.
State officials argued bottled water can be picked up as needed at distribution centers and those who can't pick it up can call 2-1-1 to arrange for delivery. They also argued the cost of delivering water to households would be $9 million per month.
However, "the plaintiffs have offered credible anecdotal evidence that indicates that the distribution network is in flux and not completely effective in providing safe drinking water to several households," Lawson said.
"Despite the substantial efforts of Capt. (Chris) Kelenske (of the Michigan State Police) and others, it is clear that some residents, who are actively seeking safe drinking water, are encountering great difficulty ... "
He said he heard testimony that some residents have stopped calling 2-1-1 because of frustrations with the response, and others don't know the service is available.
'The harm in this case is not environmental; it concerns public health and safety," Lawson said. Also, "the defendants need not deliver water to homes that have properly installed and maintained faucet water filters, as long as the defendants can monitor and verify the effectiveness of the filters."
That will reduce the cost of delivery, Lawson said, but "if the defendants cannot establish that a household is so equipped (with a working filter), then they must deliver the water by other means."
Lawson ordered officials to "provide Flint residents with clear and current information about lead contamination in the drinking water" that states the potential risks and need for properly installed filters. The notices and instructions must be distributed in multiple languages, including English, Spanish, Chinese, Arabic, and Hmong, Lawson said.
"A safe water supply has always been critical to civilization," Flint said in granting the order sought in a lawsuit brought by Concerned Pastors for Social Change, Flint activist Melissa Mays, the ACLU, and the Natural Resources Defense Council Inc.
Defendants in the lawsuit are state Treasurer Nick Khouri and state and members of the Receivership Transition Advisory Board overseeing Flint as it emerges from state-ordered emergency management.
Lawson said state officials must file a progress report by Dec. 16 showing compliance with the order.
(c)2016 Detroit Free Press
