Written by Tanya Terry
On Nov. 10, Judge Judith Levy signed off on the Flint Water Crisis partial settlement.
The state of Michigan is to pay $600 million to participating Flint residents, the city of Flint is to pay $20 million, McLaren is to pay $5 million and Rowe Engineering is to pay $1.25 million.
The breakdown of net funds is as follows: 64.5% is to go to children 6 and younger; 10% is to go to children ages 7-11; 5% is to go to children ages 12-17; children ages 18 and older are entitled to 15%, property owners and renters are entitled to 3% and businesses that had losses are entitled to 0.5%.
In 2014, the emergency financial manager switched Flint’s water supply from Lake Huron to the Flint River, leading to the Flint Water Crisis.
In the conclusion of Judge Levy’s final decision this statement was issued: The ASA (ECF No. 1394-2), including the Compensation Grid, is finally approved under Federal Rule of Civil Procedure 23(e) as fair, reasonable, and adequate.
But some Flint residents argue the settlement was anything but fair, reasonable and adequate. Some residents have died due to the water poisoned by lead and other harmful substances, and many children’s lives have been permanently affected.
“My feeling is it could never compensate for all the things that our young people and our parents, and our citizens and especially economically impoverished people had to go through when we were in the midst of the water crisis,” said Frances Gilcreast, president of the NAACP Flint branch.
“I still don’t see the end to the water crisis,” Gilcreast added. “I think that the settlement is the settlement. I’m disappointed that they threw out the Civil Rights violation from the case.”
According to Gilcreast, he NAACP Flint’s branch’s mission now is to make sure that those who are eligible receive whatever funds they can and can access them.
“I’m disappointed that they had to prove that they drank poisoned water, and they have to jump through so many hoops to be able to get a pittance of what they deserve,” Gilcreast continued. “The NAACP is going to try to make sure that every person that is eligible has the tools to be able to file those claims. That’s what our mission is now-to make sure everyone eligible can access those funds, as small as they may be. Everyone doesn’t have internet. Everyone doesn’t have documentation. They know in their spirits what has happened to them.”
Gilcreast said Flint residents were poisoned because of the social economic situation.
“We’re people of color-majority Brown and Black people. We know many of us are below the poverty line. So, that’s how we’re treated. We’re treated like we’re nothing. So, they feel like we’ve given them something.”
Gilcreast also commented on the way the adults are being compensated in the settlement.
“How do you think it feels to have to worry about everything that your child does day in and day out, and when they behave bad you have to ask if it’s because of the water. That’s a negative psychological impact on a parent. To have to go through that and be compensated less than $1,000 is sad.”
Flint Mayor Sheldon Neeley issued this statement on Nov. 10, the day the agreement was reached: Today’s decision by Judge Levy creates a path to resolve years of suffering for the residents of Flint. While no amount of money will heal the wounds inflicted on this community, this judgment provides some sense of comfort to Flint families. There is still much work to do that includes a thorough review of the judgment.”
