Complaint served on DWSD Director, Board of Water Commissioners
For
immediate release
Contact:
Maureen Taylor, Chair, Michigan Welfare
Rights Organization 313.832.0618
Marilyn Mullane, Michigan Legal
Services 313.964.4130, ext. 222
On April 22, 2004 at 12:30 p.m. a coalition of attorneys,
welfare-rights members, and Detroit residents attempted to serve a
Complaint for Administrative Relief on the director of the Detroit
Water and Sewerage Department (DWSD) and the Board of Water
Commissioners.
DWSD security guards tried their best to prevent the attorneys from
serving the Complaint. After nearly half an hour arguing with the
attorneys and residents who were asserting their rights to serve
legal papers on a public official at a public facility, DWSD
security guards called the Detroit Police Department for
reinforcement support.
Meanwhile, Detroit City Council Member Joann Watson arrived and
insisted that the group be allowed to serve the Complaint.
The Complaint was drafted by Attorney Lorray Brown of the Michigan
Poverty Law Program; Attorney Marilyn Mullane from Michigan Legal
Services; and Attorney Ted Phillips of the United Community Housing
Coalition, on behalf of plaintiffs the Michigan Welfare Rights
Organization and several Detroit water department customers.
In the Complaint, the petitioners request that the Commissioners
establish a water affordability program for low-income and elderly
customers of the Detroit Water and Sewerage Department (DWSD). This
request is based, in part, on DWSD’s recently-initiated aggressive
campaign to collect on delinquent accounts. The petitioners are
concerned that this practice does not provide sufficient protection
for many low- or fixed-income Detroit customers who face termination
of their water service.
These water shut-offs also endanger the health and safety of these
and other residents, and are in violation of the Detroit Charter and
Detroit Municipal Code to provide fair rates and safe drinking
water.
The attorneys and petitioners were immediately met by hostile
security guards at the front desk of the DWSD Building at 735
Randolph St. when the attorneys asked to go upstairs to serve the
Complaint upon DWSD Director Victor Mercado. Interestingly, Mr.
Mercado passed the group as he was exiting the building with one of
the security officers. Someone in the group called out and told him
that they were there to see him, but he did not stop.
Meanwhile, the situation in the lobby escalated as additional
security guards and security administrators came down to make sure
that the attorneys and welfare-rights members, including MWRO state
chair Maureen Taylor, were not given the opportunity to serve the
Complaint.
The security guards insisted that everyone leave the building.
Security manager Jeffrey Baker declared that Victor Mercado "won’t
accept and won’t allow anyone to accept it" [the Complaint].
Another security guard insisted that the attorneys could not serve
papers at DWSD. Instead, the security guards stated that the
attorneys had to come back and bring the Complaint to the next Board
of Water Commissioners meeting.
Attorneys Brown and Mullane continued to explain to the security
staff that they merely wish to effect service of Complaint upon the
DWSD director. But they were still refused access to the elevators.
Shortly afterwards, Mr. French, a plain-clothed security officer,
told the front desk guard, "Call the police, we’re not gonna deal
with this nonsense."
One of the original guards on the scene, Terrance Coombs, finally
agreed to call "upstairs" and wait for a reply from "Ms. Thomas."
The group was told to wait in the bill-payment waiting area.
Meanwhile, many of the attorneys and welfare-rights members called
local press and elected officials to inform them of the situation. A
few minutes later City Council member Joann Watson entered the Water
Building and was greeted by the attorneys and Maureen Taylor.
Councilwoman Watson insisted that she and the group should be
allowed to go upstairs and to serve the papers. The chief
administrator of security, Roger Willis, blocked her access to the
elevator door and insisted that she should sign in at the front
desk.
At the same time ten Detroit Police Department officers, including a
lieutenant, arrived on the scene and attempted to ask their own
questions about the problem. Ms. Watson declared, "As an elected
member of the City Council, I have a right to enter this building."
She then instructed her assistants to take down the names of every
officer there as this was "going to be the first order of business
for tomorrow" [at the City Council meeting]. This comment was
supported by a representative from Council president Marianne
Mahaffey’s office who later arrived.
Security chief Willis finally agreed to allow five representatives
of the group to go upstairs to serve the Complaint. Mr. Willis and
another security officer escorted Attorneys Brown, Mullane, and
Phillips, as well as MWRO members Maureen Taylor and Sylvia Orduño,
to Mr. Mercado’s office. Ms. Revia Bowie accepted and signed for the
Complaint.
While the attorneys and MWRO members were upstairs, a member of the
supporting group Sweetwater Alliance, Priscilla Dziubek, continued
to interview DWSD customers in the bill-payment lobby. One woman who
chose not to be identified told her that, despite having her meter
changed, she is still struggling with the water department to get
the correct charges for her usage. Additionally, her water "stinks
coming out of the faucet . . . although the water department found
no problem."
Another customer said he came down to protest his "outrageous water
bills" and believes that he gets "the run-around from the Water
Department" when he tries to resolve the issue.
The group who went upstairs to serve the Complaint returned after a
few minutes and were told by the other resident plaintiffs and
supporters that one of the security guards had verbally harassed
them. The security guard hurled offensive language at them. The
community policing staff told the residents to file a formal
complaint with the Detroit Police Department.
After the coalition left the building, the attorneys explained what
had happened upstairs. They were all still taken aback by the
intense hostility with which they were met.
Attorney Brown stated, "In my twenty years of practice, I have never
had a problem in serving legal documents unless I was trying to
serve papers on slum landlords and others of that kind. Service of
process is a mere formality which should not have caused such
resistance." She added, "I hope this is not a sign that we will be
faced with resistance just to get a hearing."
MWRO state chair Maureen Taylor concluded, "The security staff were
assaultive and aggressive, and we need to let Mr. Mercado know that
if anything else happens it’s his fault."
NOTE: The Complaint was filed on April 22, Earth Day.
Internationally, one of the themes for Earth Day this year is "Water
for Life", recognizing that access to water is necessary to sustain
life. The complaint is about access
to water for poor Detroiters, and seeks the development of
affordability programs similar to those available to
protect low-income customers in other cities such as Seattle,
Philadelphia, and Los Angeles. These water shut-offs endanger the
health and safety of these residents, and are in violation of the
Detroit Charter and Detroit Municipal Code, which provide fair rates
and safe drinking water. Last year, the Board reported that there
were 40,000 shut-offs in Detroit.
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