Not to long ago, federal Judge Denise Page Hood heard arguments in favor of a preliminary injunction to extend the temporary moratorium on water shutoffs in Detroit. To date, there is yet to be an official ruling on the matter.
Due to the COVID-19 pandemic, a freeze on municipal shutoffs was enacted in March of 2020 and in December 2020, the moratorium was extended through December 2022.
A coalition of civil rights organizations, including the American Civil Liberties Union of Michigan (ACLU), brought a class action lawsuit to a federal court to help Detroit citizens have access to inexpensive water and put an end to water shutoffs permanently.
“DWSD and the city, generally, have already taken steps in what we regard as the right direction,” said Mark P. Fancher, staff attorney for the Racial Justice Project of the ACLU of Michigan.
“Our hope at the beginning of the case is that they would abandon shutoffs as a debt collection technique and that they put forth a water affordability plan that is indexed to the actual income of the water customers. The Lifeline program, conceptually, is moving in that direction and our concern and reason to move forward with a preliminary injunction is not because we oppose the idea of the plan, but because the moratorium was supposedly scheduled to expire at the end of 2022 and people are once again at risk. The Lifeline program still has a number of features that are of concern to our clients and loose ends that are not tied up. The return to water shutoffs is premature and we hope the city has developed and refined the program to meet the hopes and expectations of residents in the interim.”
Plaintiffs of the suit include American Civil Liberties Union of Michigan (ACLU), Legal Defense Fund (LDF) and Michigan Poverty Law Program (MPLP). The lawsuit seeks to “condemn racial disparities in water shutoffs and asks [the] court for permanent solutions in Detroit.”
Since 2014, over 60,000 residents were threatened with water shutoffs due to being behind on their bills. After a three-year pause, the number is expected to grow if city-led shutoffs resume.
In his 2021 State of the City address, Mayor Mike Duggan spoke on the water shutoff crisis and the need for federal assistance, saying, “Those who can afford to pay, must pay. We do need to find a permanent solution for 2023.”
Thousands of households are unable to pay their water bills, putting them in danger of losing service, which is exacerbated by Detroit’s high poverty rate, particularly among Black residents. The city has some of the most expensive water prices in the country.
While some families are caught in a cycle of water insecurity with frequent disconnections and reconnections, others are without a water supply for years at a time.
By making thousands of Detroit residents live without water due to delinquent utility bills, a service necessary to their health, the lawsuit alleges Detroit’s water shutoff policy violates their civil rights.
The complaint claims that water shutoffs unfairly disadvantage Black Detroiters, in violation of the Fair Housing Act and the Elliott-Larsen Civil Rights Act, and seriously endanger public health by making it impossible to hydrate and maintain proper healthy hygiene. The complaint requests an urgent court order prohibiting the resumption of shutoffs and aims to permanently terminate the water shutoff policy.
The Detroit Water and Sewage Department (DWSD) told the Michigan Chronicle the department has not started service interruptions and are waiting on Judge Hood’s ruling on the injunction to reinstate the shutoff moratorium before any further action.
DWSD shared the following statement regarding the moratorium and the ACLU case:
“The moratorium will continue for households who apply for the DWSD Lifeline Plan or enroll in the 10/30/50 Plan. All they have to do is apply for assistance. As of Feb. 13, that means 21,458 Detroit households are protected from shutoff. Income-eligible residents can apply for the Lifeline Plan by calling Wayne Metro at 313-386-9727 or go to detroitmi.gov/water to receive a monthly bill as low as $18. There are no income restrictions to apply for the 10/30/50 payment arrangement.”
On July 1, 2022, DWSD launched the first citywide comprehensive water affordability plan, Detroit Lifeline. The five-year plan for an income-based program is intended to help thousands of low-income Detroiters access water at a fixed monthly rate as low as $18 a month.
Although the City of Detroit established the Lifeline water affordability program, which administrators claim exempts registrants from shutoffs, some people have been unable to sign up and are unsure of their eligibility. Numerous water users might be exposed to the risk of losing their water service due to other program-related difficulties.
“Every human being needs water to hydrate and to keep personal hygiene and cleanliness,” said Fancher. The voluntary moratorium was put in place during the pandemic and now we have learned how important access to clean water is to prevent the potential spread of COVID-19 and other diseases. There are health concerns still relevant today. The water shutoffs need to be addressed with a permanent solution that stops thousands of Detroiters from being put at risk again.”
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