- Posted September 24, 2014
- Tweet This | Share on Facebook
Detroit tells judge: We can't give away free water
By Ed White
Associated Press
DETROIT (AP) - Detroit's water department defended its shutoff policy Monday and warned that free service to people with unpaid bills could be "very devastating" to the bottom line.
Judge Steven Rhodes set aside Detroit's bankruptcy trial to hear evidence in a controversy that has been boiling all summer. A coalition representing low-income residents is asking him to suspend water shutoffs and restore service to people who have lost it.
The water department would be violating Michigan law and breaking agreements with bondholders if forced to supply water and ignore overdue bills, attorney Sonal Mithani said.
The "humanitarian concerns are very compelling" but fairness is critical, too, Mithani said, noting that 60 percent of Detroit residents are paying for water on time.
Opponents essentially are arguing that "every resident has the inherent right to free water," she said.
The water department stepped up shutoffs in March, and about 15,000 customers had service cut from April to June. Criticism and protests followed, even appeals to the United Nations.
Detroit stopped shutoffs for about a month this summer but they resumed in August after Mayor Mike Duggan encouraged people to put down 10 percent and sign up for a payment plan.
"It could potentially be very devastating" to the water department's budget if the city is ordered to stop shutoffs, director Sue McCormick told the judge.
Carol Ann Bogden said the new policy hasn't helped her. She said she bathes in the sink with water purchased at a store since being cut off in July. She owes $1,120 but lost her identification and has been unable to get into a payment plan.
"I cried for a while," Bogden said of her woes.
As of July 31, at least $86 million was owed on accounts overdue for at least 60 days.
An economist, Roger Colton of Belmont, Massachusetts, testified for critics of Detroit's shutoff policy, saying a consumer's income should be a factor in how the city regularly collects water bills.
He predicted that Detroit's payment options will be "unsuccessful and ineffective" in the long run as poor people miss more payments down the road.
John C. Smith said he and his mother could lose water as soon as Tuesday after being cut off for a few months last winter. He owes about $1,100.
His spending habits were questioned by attorney Thomas O'Brien, who asked about his cellphone bill. Smith said his sister pays it.
The hearing was to end Tuesday after testimony from water department officials and closing arguments.
Published: Wed, Sep 24, 2014
headlines Oakland County
- New lawyers join the bar
- McDonald, Nessel seek to block parole of convicted murderer
- Oakland County Clerk/Register Brown brings services to Highland Township and surrounding areas with June 2 local office visit
- Federal appeals court dismisses Right to Life lawsuit
- Attorney arraigned, allegedly accepted a retainer while law license suspended
headlines National
- Play-Based Learning: Can simulation games help lawyers learn management and business development skills?
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Court orders hospital to resume gender-affirming care for transgender kids
- Netflix’s ‘The Lincoln Lawyer’ will rest his case at end of season 5
- Woman gives birth during arraignment in NYC courtroom
- SCOTUS will examine scope of Title IX protections and whether civil rights law covers work bias claims




