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Jury: Black Neighborhood Was Denied Water Service

by: Julie Carr Smyth  |  The Associated Press

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A federal jury has found failure to provide water service to residents in a rural Ohio town violated state and federal civil rights laws. The African-American neighborhood of Coal Run was denied water service for decades. (Photo: Jacob Holdt)

    Columbus, Ohio - Residents of a mostly black neighborhood in rural Ohio were awarded nearly $11 million Thursday by a federal jury that found local authorities denied them public water service for decades out of racial discrimination.

    Each of the 67 plaintiffs was awarded $15,000 to $300,000, depending on how long they had lived in the Coal Run neighborhood, about 5 miles east of Zanesville in Muskingum County in east-central Ohio.

    The money covers both monetary losses and the residents' pain and suffering between 1956, when water lines were first laid in the area, and 2003, when Coal Run got public water.

    The lawsuit was filed in 2003 after the Ohio Civil Rights Commission concluded the residents were victims of discrimination. The city, county and East Muskingum Water Authority all denied it and noted that many residents in the lightly populated county don't have public water.

    Coal Run residents either paid to have wells dug, hauled water for cisterns or collected rain water so they could drink, cook and bathe.

    "As a child, I thought it was normal because everyone done it in my neighborhood," said one of the plaintiffs, Cynthia Hale Hairston, 47. "But I realized as an adult it was wrong."

    Colfax described the verdict as unique among civil rights cases nationally, both in the nature of the ruling and the size of the award.

    The jury in U.S. District Court found that failing to provide water service to the residents violated state and federal civil rights laws. The lawsuit was not a class-action. Colfax said 25 to 30 families live in Coal Run now.

    The water authority must pay 55 percent of the damages, while the county owes 25 percent and the city owes 20 percent, plaintiffs' attorney Reed Colfax said. The water authority no longer exists, and the county would be responsible for paying that share of the judgment.

    Zanesville attorney Michael Valentine said in court that he intended to appeal but declined to comment further. The county commission also plans to appeal.

    Attorney Mark Landes, who represented the county and water district, called the verdict disappointing. He said jurors were not allowed to hear defendants' testimony that neighborhood residents were offered water service years ago and refused it.

    Colfax said he was unaware of any evidence that was excluded from the trial.

    "This was a case that was started and fired by out-of-town lawyers who saw an opportunity for a cash settlement," Landes said.

    The plaintiffs' attorneys will receive a separate amount to be decided later by a judge, Colfax said.

    John Relman, a civil rights attorney based in Washington, D.C., who represented the residents, said the jury heard hours of testimony and saw hundreds of pages of documentation over the seven-week trial.

    "This verdict vindicates that this (treatment) was because of their race," he said. "The jury agreed with that and issued a verdict based on a full airing of the facts."

    Ohio Attorney General Nancy H. Rogers said she was pleased.

    "This decision speaks firmly about the importance of treating citizens with equal respect, regardless of race," she said in a statement.

    Plaintiff Frederick Martin said the long wait was worth it.

    He and his nine siblings shared two tubs of water between them on bath nights when he was growing up. He left Coal Run, built on a former coal mine, in 1970 so his children wouldn't have to endure the same living conditions, he said.

    "Today I feel that we are really blessed, to know and to see justice being met," Martin said. "And to see, regardless of who we are, there is a price to pay if you discriminate against people."

    The plaintiffs' attorneys successfully argued that the decision not to pipe water to the plaintiffs was racially motivated, painting a picture of a community with a history of segregation. Black residents of Coal Run Road were denied water over the years while nearby white neighbors were provided it, they said.

    Landes countered that about half of Muskingum County residents are not tied into the public water system even today. Among those without it are county commissioners, judges and other prominent officials, he said.

    Zanesville has about 25,000 residents on the edge of the state's Appalachian region. One in every five families is below the federal poverty level, and the unemployment rate in Muskingum County in May was 7.4 percent. The national unemployment rate that month was 5.5 percent.

  

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Comments

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For decades? Why was there

For decades? Why was there no media coverage until now? This is unheard of.

"This was a case that was

"This was a case that was started and fired by out-of-town lawyers who saw an opportunity for a cash settlement," Landes said. Seems to me the case was going to have to be filed by out-of-town lawyers if this fella represents what an in-town lawyer would be. The real question is "How many other communities in this country suffer from the same kinds of discrimination?"

Unheard of? That's because

Unheard of? That's because the media hardly ever covers racial or economic discrimination. Although I didn't see anywhere in the article why they think this is a case of racial discrimination, I assume the jury had a reason for their verdict. That is, the question of what about all the rest of those people -- the judges and whatnot which the article spoke of -- who didn't have water either...

Well, gee, the denial of

Well, gee, the denial of service was to black people. What else is new? Will everybody kindly give me a break and admit to the FACT that racism is the most poisonous thing in US society? Enough already. If some respondents want to grouse about the cost of this settlement, then maybe all citizens should have been treated equally and fairly in the first place. I can't wait for some responses from those upset about this. I will want a lot of details about your public services.

Joel Rosenblum wrote the

Joel Rosenblum wrote the following, ***"Fri, 07/11/2008 - 21:18 — Joel Rosenblum (not verified) Unheard of? That's because the media hardly ever covers racial or economic discrimination. Although I didn't see anywhere in the article why they think this is a case of racial discrimination, I assume the jury had a reason for their verdict. That is, the question of what about all the rest of those people -- the judges and whatnot which the article spoke of -- who didn't have water either... "*** >>>>>>Joel must have missed this portion of the article: ***"The plaintiffs' attorneys successfully argued that the decision not to pipe water to the plaintiffs was racially motivated, painting a picture of a community with a history of segregation. Black residents of Coal Run Road were denied water over the years while nearby white neighbors were provided it, they said.*** SEEMS OBVIOUS TO ME! If your reading comprehension is lacking, due to George W. Bush's "No Child Left Behind" debacle of the last 8 years, then I suggest you look into an adult literacy class. The black residents were denied (that's multiple times) for years (that's 52 years since a public water supply went into the town.) and have *JUST* now gotten potable water delivered INTO their homes. I wonder how Joel and others would like to explain why the neighbors 6 blocks over, the WHITE ONES, had city water in Coal run, yet the black citizens' did not. The United Nations declared the period between 1980 - 89, The United Nations Water Decade, with a mission statement to supply potable water to all people in the world. I did 2 months of research on the UN's success in Botswana (southern Africa). The citizens in Botswana had more equality and access to potable water, PRIOR TO CITIZENS IN THE UNITED STATES OF AMERICA. Are we still claiming the high ground on: "The greatest country on the planet!" If so, we have a lot of explaining to do to AMERICANS who have much to envy from people who HAVE access in the so called "Third world." Wake-up! It *IS* about racism. This white Irish-woman can see it, why is it that you wear blinders for your already rose-colored view? Frightened of what reality is for "Americans who are *NOT* you?"

Joel deserves a better

Joel deserves a better answer, and one without snide comments. One of our greatest problems is that too many liberals are picking up on the conservative "snotty" attitude, which does NOTHING to help with dialog, or with working together. As for what is confusing him, it is the comment that judges and such also do not have water. It is not his fault that the article doesn't point out the difference.... which is that those mentioned live on large parcels of land, much farther away from the public water flow than the residents in more closely packed areas. I have lived in rural areas where it was far too costly to provide public water to every home in the county. Ever there, however, water could be provided to closely packed housing, such as in a subdivision. This is the crux of the case... black subdivisions were never offered water.... as in *entire* neighborhoods. That, Joel, is the difference.

when will these bigots learn

when will these bigots learn that they can no longer hide or get away with their cowardly hatred...we will root out all of the SOB's and expose their twisted thinking and backward actions... reparations will come one litigant at a time, taking on every bigot person by person, town by town, city by city, state by state, American government by American government 'til it is not profitable to be a bigot... time is on our side, i just hope America is around long enough to pay...devalued dollar, collapsing financial institutions, worthless real estate, joblessness, borrowing from the Chinese, groveling to the Saudis, Bush selling off the rest of what's left... the patriarchy is in a tailspin downfall... man, it doesn't pay to be a bigot these days...