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Wednesday, March 28, 2007
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Council questions plans to join class-action lawsuit

Published: Wednesday, March 28, 2007

Rebecca Black / Staff Writer / rb279905@ohiou.edu

Athens City Council unanimously voted Monday to approve an ordinance authorizing the city’s law director to take action to include the city in a class-action lawsuit against lead-based paint manufacturers.

In a special meeting yesterday, council voted against adopting a proposed amendment that would have allowed the ordinance to take effect immediately and skip a 30-day waiting period. Council questioned long-term court costs and the usefulness of the lawsuit.

Without the amendment to add an emergency clause, law director Garry Hunter cannot enter the case until after an early April deadline set by the attorneys of the lawsuit that declares intent to join the lawsuit.

“The only thing I can say for sure is that the city will not join the lawsuit by April 1,” Hunter said.

If the lawsuit is filed Monday, Athens might be excluded from participating.

Carol Patterson, D-at-large, Jim Sands, D-at-large, and Bojinka Bishop, D-2nd Ward, voted against it, and President Bill Bias voted against the amendment to break the tie. The final count was 4-3 against the proposed amendment.

“When a deadline is put on (joining the lawsuit), I choose to back away,” Sands said.

Bishop said she was concerned about the costs of the lawsuit outweighing the monetary reward, adding that it is possible the city might not have enough money to remove lead paint. A faster way to remedy problems associated with the presence of lead paint, Bishop said, is to educate homeowners about ways to reduce the presence of lead paint dust in the air and how to know if they are affected.

Patterson said she agreed with Bishop’s concerns about the costs that could be involved and how a lengthy litigation process could increase those costs.

Amy Flowers, D-at-large, Debbie Phillips, D-4th Ward, and Paul Wiehl, D-1st Ward, voted for the amendment.

Phillips reminded council they had already passed the ordinance to join the lawsuit, and asked council to “think about children’s health.”

Nancy Bain, D-3rd Ward, did not vote because her husband owns stock in The Sherwin-Williams Company.

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