The despoliation and privatization of water continue in Southeast Michigan, but the people also continue to fight back. Brief updates follow about the latest in the ongoing struggles in Flint and Detroit taking place in the courtroom.
On Nov. 16, the ACLU of Michigan, Concerned Pastors for Social Action, an association of religious leaders from Flint; Melissa Mays, a Flint resident and leader of the activist group “Water You Fighting For;” and the Natural Resources Defense Council served a Notice of Intent to Sue to officials of the state of Michigan and the city of Flint for numerous and prolonged violations of the Safe Water Drinking Act.
While the public health catastrophe that occurred in Flint over the course of 18 months, when the municipal water system delivered contaminated water to tens of thousands of households and poisoned hundreds of people, has been stopped, the effects of this malfeasance will be felt by many for years, perhaps permanently. Lead levels were so high in the water that came from people’s taps that some young children who drank it may be brain damaged for life.
There is no safe level of lead exposure. The toxic effects of lead on virtually every system in the body, and particularly on the developing brains of young children, are well documented. It can also contribute to high blood pressure and other health problems in adults. Even low levels of lead in the blood have been shown to affect IQ, ability to pay attention, and academic achievement, effects that are irreversible.
In Detroit, two members of the Homrich 9 are now in court, facing charges of disorderly conduct that stem from a peaceful, non-violent protest in the summer of 2014. Nine people were arrested when they blockaded the gate of the Homrich lot for a day, preventing trucks from taking shutoff crews to turn off the taps to private citizens in the city. The two currently on trial, Bill Wylie-Kellerman and Marian Kramer, are life-long, dedicated social justice activists. I refer you to this fine essay about Marian’s work on behalf of water justice, which was written by Laura Gottesdiener and published here by TomDispatch just over a year ago.
Marian is represented in court by John Royal, a veteran civil rights attorney who is the current president of the Detroit Chapter of the National Lawyers Guild. (Royal and his colleague, Julie Hurwitz, are at the center of the photo accompanying this recent report in the Legal News,“Trial of Detroit Water Warriors Homrich 9 Takes a Dramatic Turn at the Eleventh Hour.”) It’s a case that is well worth following, given the opportunity it presents for the activists to promote greater awareness of the unconscionable strategy pursued by Detroit and the Detroit Water and Sewerage Department against its poor residents. Here’s some recent coverage in the Detroit News: “Water activists speak out ahead of court case.”
Bill, a Methodist minister working at St. Peter’s Episcopal Church in Corktown Detroit, is representing himself. The following sections were written by Bill and circulated to supporters via email on 11/23. The first provides a little more background on the case:
The remaining group [6 of the 9, I believe] have been separated off by prosecution motion and are involved in an important legal battle over the right to the “necessity defense” which argues that an act was justified if it prevented or was intended to prevent imminent harm. Water shut-offs are a great case for that and we are now able to demonstrate the we cut shut-offs by 90% on July 18, 2014. Marian and I have been able to go to trial because we withdrew our objections to the prosecutor’s motion precluding the defense, so we cannot call expert witnesses or have the jury instructed about the defense.
The second is part of his opening statement to the court:
You will hear described, by officers, by ourselves and our friends, even see video of the events from July 18,2014 – when we went to the driveway of Homrich Inc., a private demolition company contracted by the city for $5.2 million to do water shut-offs, tens of thousands of them. You will see us gather, pray and sing, and then stand in the driveway for 7 1/12 hours. You’ll see the cops across the street the whole time, before we were finally arrested. And you will hear from one of our friends who was arrested with us, but never charged.
We expect to put ourselves on the stand. So that we can talk about our intent, what we were thinking when we did this action. We’ll explain what we knew from our own experience about people who had their water shut off. And about other things we had attempted in order to prevent the harm. You will hear read a statement by National Nurses United, issued just the day before, about the public health crisis in the city. You will see us deliver to Homrich a press statement from the United Nations saying that to turn off the water of people who can’t afford to pay is a violation of human rights. [Objection, your honor]
I have to say I and others have waited a long time to bring this case to you. It’s now going on a year and a half, but events are still vivid to us, because they were full of meaning. When we were arraigned last summer, we asked immediately for a jury trial. Back then, you may remember that every elected official in the City of Detroit had been replaced by one man – the Emergency Manager – who had put the city into bankruptcy. The elected school board had been replaced by emergency management. Even the Library commission was under assault. So we were mindful that a jury of Detroiters represented the last remaining form of democracy in the city. We were eager to put this case before you to vote on the matters of justice.
There are so many fronts on which we fight for justice. I ask you, as we approach this vitally important election year, this one with more at stake than we might even know: please do bring your best selves to the struggle. Take part in electoral politics, yes, but know that all parts can work together in solidarity. Protests and lawsuits and GOTV efforts are all important. Pick one cause, if that’s all the time and energy you can spare, and do all you can for it. Our opponents are serious, they are well-funded and determined. We cannot afford to let the extremists win.
One more PSA about local protest, courtesy of gregsullmich:
It's that time of year again - Black Friday, November 27, 2015, is just around the corner. On that day, we will demonstrate our support for Walmart workers, and for all workers in the Fight for Fifteen. Our rally will take place at the Dearborn Walmart, 5851 Mercury Drive in Dearborn, at 10 a.m. We will celebrate the gains that our movement has achieved during the past year. Walmart workers received a modest raise, to $9/hour, in April. Workers in retail, fast food, home health care, childcare, hotel, restaurant and other sectors have organized as the "Fight for Fifteen" and the politicians have taken notice. But there is so much more to be done. I hope you all will take part in this show of support for workers who make less that $15 an hour. They comprise at least two out of every five people in America's work force today.I am grateful for much this year. Including the presence of you, Michigan Kossacks, in my life and in the struggle. Thank you for doing all that you do.