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Detroit water shutoffs to be challenged in bankruptcy court Detroit authorities defend water shutoff policy in bankruptcy court
(about 7 hours later)
A hearing is scheduled in bankruptcy court on a motion to stop Detroit’s water department from shutting off service to residents with unpaid bills. 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.
Attorneys for the city and opponents of the shutoffs are expected to present evidence on Monday before federal judge Steven Rhodes. 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 Rhodes to suspend water shutoffs and restore service to people who have lost it.
Detroit residents at risk of shut off and public health officials are expected to testify. The water department would be violating Michigan law and breaking agreements with bond holders if forced to supply water and ignore overdue bills, attorney Sonal Mithani said.
The water department stepped up shutoffs in March of accounts 60 days behind or owing more than $150. About 15,000 customers had service shut off in April through June. The “humanitarian concerns are very compelling” but fairness is critical, too, Mithani said, noting that 60% of Detroit residents are paying for water on time.
The city has faced international criticism for the shutoffs, and several groups appealed to the United Nations for support. Opponents essentially are arguing that “every resident has the inherent right to free water,” she said.
The shutoffs were suspended about a month this summer to give water officials time to inform customers about service stoppages and payment plans. 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% 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 31 July, at least $86m was owed on accounts overdue for at least 60 days.
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.