Public Comments on the State’s Settlement with Shingle Mountain landowner
Now thru Sunday, Dec 6th
Use our ClickNSend email feature to send your comments to Texas Attorney General’s office in 90 seconds
To make sure residents’ health is protected during a Shingle Mountain clean-up
A four-month citizens’ campaign pressuring the City of Dallas to clean-up the Shingle Mountain illegal dump in Southern Dallas by the end of 2020 is on the verge of paying off.
Following a pattern that began in summer, on the very same October day groups planning civil disobedience at the dump site announced another action, the City signed an agreement with the Shingle Mountain landowner to take responsibility to “begin” a clean-up by Dec 25th. In return, the City received a check for $1 million from the landowner.
Meanwhile, the state has also reached an agreement with the landowner that clears the way for a clean-up. That agreement is now up for public comment until 12 Midnight Sunday, December 5th.
You can help us protect the health of the Choate Street families most affected by the clean-up by providing your public comments to this State agreement. Doing so sends a message to both Austin and Dallas City Hall that they’re being held accountable now that they’ve been put in charge of removing the 100,000 tons of illegal hazardous waste they helped create.
Public pressure is what’s brought us to this point. Public pressure must now make sure the clean-up itself won’t increase residents’ exposure to hazardous materials like Silica, Formaldehyde, Petroleum By-Products and exotic glues and adhesives used to make shingles that are now crumbling into tons of microscopic particles.
On Monday November 16th, members of Southern Sector Rising, Downwinders at Risk, Southern Dallas Shingle Movers and other protesters gathered at the dump’s front gate for an action that hoisted and hooked a huge Clean-Up Countdown Calendar onto the eight-foot-tall metal fence that divides the site from South Central Expressway.
Designed as a giant-size desk calendar, it marked the 30 days of public notice ending on Sunday the 6th. Rev. Frederick Haynes of Friendship-West Baptist Church, Rabbi Nancy Kasten, and the Rev. Amy Moore joined Marsha Jackson and her neighbors in speaking about the need to monitor the City and State during this critical phase.
On the same day, a lengthy expose on Shingle Mountain by Washington Post national climate and environmental reporter Darryl Fears instantly made the dump a national poster child for Environmental Racism.
Two days later, Dallas Mayor Eric Johnson was asked about the Shingle Mountain clean-up by a Channel 8 reporter during his City Hall press conference on rising crime rates in Dallas. His revealing answer beginning with, “It’s really a legal problem,” confirmed the City always had the option of cleaning up the dump, but delayed doing so for over 18 months until it had received money from either the operators or landowners. Admitting that the City could have “solved” this problem early on, Johnson said the City choose not to because that would have made the City’s lawsuit against the landowners “moot.”
Moot is a lawyer’s term that’s defined as “of little or no practical value, meaning, or relevance; purely academic.” Instead of making their lawsuit moot by immediately cleaning up a site causing daily human health damage, Mayor Johnson and the City of Dallas rendered the health of Marsha Jackson and the Choate Street families moot. They made it of little or no practical value in the City’s approach. Of much greater value was the cash received by the landowners. The City sacrificed a street full of its own residents for a lousy $1 million.
In his three-minute response, Johnson never uttered Marsha Jackson’s name, never addressed residents’ health issues, and never expressed regret, second thoughts, or apologies over the year and half the six-story waste pile harmed Choate Street residents. He never admitted the City’s multiple failures in code enforcement, zoning or environmental regulation that paved the way for Shingle Mountain’s creation. He complained how the City was put in a “tough position” – never considering how tough it might be for parents to watch helplessly as their child coughs-up pieces of ground-up shingles. Mayor’s Johnson’s answer was full of legal rationale but completely devoid of humanity or self-awareness. There were no people in it.
In short, it was an articulate if soulless synopsis of the City’s position regarding not only Shingle Mountain, but all environmental health problems in Dallas. Because at Dallas City Hall there is no such thing as human-centric environmental problems. What was the City’s first legal response to Shingle Mountain? It wasn’t to cite what an illegal awful abomination it was, but to take it to court over storm water violations. There were no people to worry about. Besides the inability of the City to protect its own residents from illegal hazards is the fact that it continues to treat Choate Street residents as spectators to their own disaster. Marsha Jackson is the Invisible Woman.
In May the Dallas City Council unanimously rejected the pleas of Ms. Jackson and Southern Sector Rising to re-establish the Dallas Environmental Health Commission to give an institutional voice to their concerns within City Hall; to put people back into the mix along with tree planting and water conservation. The Council turned its back on her – again.
That’s why your public comments about maintaining the safety of the pending clean-up are important.
Please show the City of Dallas that you care about Marsha Jackson and the families on Choate Street – even if it doesn’t. Thanks.
Choate Street families in Southern Dallas, including this child, and Ms. Marsha Jackson (pictured above) are still living under 100,000 plus tons of hazardous waste that was illegally dumped without their knowledge or consent.
It’s been almost three years since dumping began and two since the residents forced the dumping to stop, but the Mountain still remains, causing respiratory and neurological health problems for everyone on the street.
Shingle Mountain remains despite the City of Dallas having the legal authority and money to remove it. The City has had both for the entire three-year existence of the dump but has chosen to delay a clean-up in order to try to get the original operators to pay for it. That’s hasn’t happened.
On August 5th an alliance of over 30 groups, including Downwinders, sent a letter to the Dallas City Council and City Manager stating that if the City did not begin removing Shingle Mountain by October 1st, they would begin to do it themselves.
On August 29th, many of those same groups participated in the Shingle Mountain Accountability Convoy, a mobile four hour protest that saw the conviction of five elected officials for “reckless disregard for human life” in mock trials with the Shingle Mountain float as a centerpiece.
10 days later the City put out a bid request for the job of removing the waste from Shingle Mountain. That process is over on October 5th. Despite this positive development the Dallas City Manager stated THIS WEEK that it would still be 2-3 months before an actual clean-up began.
THAT IS UNACCEPTABLE.
Downwinders and other groups are asking you to help respond to this continued delay in TWO ways:
1) CLICK HERE to send an email message to the Dallas City Council that says “Move the Mountain Now!”
It’s already written and addressed at our website’s “Featured Citizen Action” – all you have to do is fill in your contact information and click and away it goes. You can add your own message if you like as well.You may not be able to do much else right now, but you can send an email on behalf of these families.
2) Attend the Shingle Mountain Non-Violent Civil Disobedience training session This SUNDAY 2-5 pm
For the first time in our 26-year history we’re endorsing civil disobedience and training people who want to put themselves at risk of arrest on behalf of the Shingle Mountain families and those that want to support them when they do.
Last Sunday was our first training session. It attracted 20 people. We’re hosting another training session THIS SUNDAY 2-5 pm in Dallas at the GoodWorks
Co-Working space where Downwinders is headquartered. Masks are required and social distancing will be enforced. Training will occur outside.
In 2019, the threat of civil disobedience by Choate Street residents and their supporters was the only thing that got the City of Dallas to change its mind and close down active operations at Shingle Mountain. After another year of trying to
clean-up this on-going disaster with meetings, we’re tired of the City’s willful neglect and cruel delay that’s harming human health. We need to again show we’re willing to go to the mat for this outrage.
You don’t have to be sure you want to risk arrest. You just have to want to help. Support roles for those getting arrested are critical. Whether you want to risk arrest or provide support you must have this training.
Just having more names on this list will send the City an important message. Please consider showing up and adding yours. Thanks.
70 Downwinders contributed over $8500 in 2020’s second Giving Day and we’re very appreciative. The funds raised during Giving Day are dear to us because they come with no strings attached. We can use your support to fill in gaps, supplement existing campaigns (hello Shingle Mountain float), and take chances to further help those that need it most. A very sincere thanks to our supporters who continue to come through for us despite 2020’s adversities. We promise to squeeze as much Change as we can from every dollar.
When you click on the new SharedAirDFW.com site, the default setting shows you the location of the SharedAirDFW monitors and the real time wind direction and speed.
The Menu gives you a choice of three different PM monitor networks to look at: SharedAirDFW, the EPA, and Purple Air. You can look at them one at a time or all at once.
The menu also allows you to see where all the major air pollution permits are located in the City of Dallas. Click on the black dot and it reveals the name of the air pollution permit holder as well as the volume of pollution in tons per year reported in 2018 (the last fully reported year). We only have this mapped inventory of air polluters because of the Paul Quinn College report “Poisoned by Zip Code.” The City of Dallas has no such inventory or map.
Since it began collecting data on the afternoon of August 31st, the Joppa Zion Mothership monitor has consistently recorded the highest average levels of PM among all the deployed SharedAirDFW monitors, as well as all EPA and Purple Air monitors in DFW. These bar charts show the level of PM recorded from most of the current SharedAirDFW network monitors from 8/31/20 to 9/14/20. They’re all accessible to the public through the site.
The debut of the SharedAirDFW Network means
21st Century air monitoring finally arrives in North Texas
After three years, and many thousands of hours and dollars, citizens have their own
regional air quality monitoring system.
It’s easy to use, operates in real time, and its monitors are being put where the pollution burdens are greatest.
The Joppa Zion Mothership Monitor: on the Network’s digital map and on its pole after deployment.
Since operation began 8/31, it’s consistently shown higher levels of PM air pollution than other monitors in Dallas.
By January they’ll be 11 more monitors joining it in the Freedman-founded community.
A three-year high-tech collaboration between the University of Texas at Dallas, Downwinders at Risk, the City of Plano, Dallas County, Dallas College, and Paul Quinn College came to fruition today with the official debut of the the SharedAirDFW Network – online, and with an outpost in one of the most polluted neighborhoods in North Texas.
It becomes the first and only regional “hyper-local” air monitoring network in Texas and one of the only ones being built by any US city.
“This network is the purest, most dramatic expression of our 26-year old goal to provide citizens with the tools government won’t,” said Downwinders Director Jim Schermbeck, who’s helped shepherd the Network since it was a National Science Foundation grant runner-up in 2017. “We see SharedAirDFW’s debut as the public health equivalent of turning on electric streetlights for the first time at the turn of the 20th Century. We’re building a utility – the full impact of which won’t be realized for years.”
Debuting with eight Particulate Matter (PM) air pollution monitors located from Richardson to Southern Dallas and Mesquite to Fort Worth, the network is scheduled to install over 100 more in the next 12-24 months, including blanketing Dallas neighborhoods whose residents say they’re already breathing bad air but have no way to prove it.
In the last decade published research on the human health effects of exposure to Particulate Matter air pollution has linked it to a variety of illnesses and diseases, including developmental impacts such as Autism, Parkinson’s, Dementia, and IQ loss. These effects have been documented at exposure levels well below U.S. EPA regulatory limits.
All the monitors in the network were built at the Physics Laboratory at the University of Texas at Dallas campus in Richardson. They’re being distributed to members either in clusters of 11, with one larger hard-wired “Mothership” accompanying ten smaller solar-powered ones or the Mothership as its own stand alone unit.
ALL DFW PM MONITORS DISPLAYED ON A SINGLE MAP
PM Air pollution data collected from those monitors, along with information from EPA and DFW Purple Air monitors, are displayed in real time on a digital map accessible to anyone online at www.sharedairdfw.com. For the first time, a single website displays all the online monitors networks collecting PM air pollution data in North Texas on the same map. Besides UTD, Downwinders at Risk, Dallas College, and Dallas County will be displaying the SharedairDFW map on their own websites.
Only Particulate Matter air pollution levels are shown by the SharedAirDFW map now but larger monitors will also be capturing Ozone, or Smog levels. At some point in the near future, that data will also begin to be displayed on the Network map.
MAPPING OF MAJOR POLLUTERS
Also on display are the locations of the major air polluters in the City of Dallas, along with their self-reported pollution volumes – a first-ever inventory of Big D’s air polluters that no level of government currently provides.
MANY MORE MONITORS IN MANY MORE PLACES
Currently there are only six EPA monitors for Particulate Matter Air pollution in all of North Texas, and only 12 Purple Air monitors online. With the ability to saturate neighborhoods with almost a dozen monitors apiece, SharedAirDFW allows residents, researchers, and policymakers to better pinpoint pollution plumes and health risks.
REAL TIME DATA
For the first time there’s a way for DFW residents get air quality information in real time instead of waiting for up to two or three hours at government monitor sites. The SharedAirDFW monitors display their readings every 30 seconds, 24 hours a day.
AN EMPHASIS ON ENVIRONMENTAL JUSTICE
For the first time there’s year-round, calibrated air quality data being collected in Dallas’ most polluted neighborhood – the Joppa community in Southern Dallas along the Trinity River. The “Joppa Zion Mothership” – named for the adjacent Church – began transmitting on Monday August 31st. It’s linked to two additional “satellite” monitors that began transmitting this last weekend. By January they’ll be 11 monitors in Joppa, making it the most densely monitored neighborhood not just in Dallas, but all of Texas.
Joppa’s monitors are the first of 33 air monitors Downwinders at Rik is deploying in so-called “fence line” locations. After installation in Joppa is completed, another 11 will be installed in West Dallas, and then in and around Midlothian as well.
In the two weeks since the first Joppa monitor was installed, it’s consistently recorded higher levels of PM pollution than other monitors in the SharedAirDFW network as well as local EPA and Purple Air monitors. Schermbeck said those results vindicate the decision to locate monitors in predominantly Black and Brown neighborhoods disproportionately burdened by their proximity to industrial polluters. “Our monitors are going where people are most harmed by air pollution, but least able to do something about it.”
D with the first story about Marsha Jackson’s lawsuit….”the suit blames the city for (Shingle Mountain’s) existence. It says existing deed restrictions should have blocked the city from issuing a certificate of occupancy, but the operators got one anyway. The city didn’t require the operator to get a special use permit or even have a site plan, it alleges. More broadly, it says the city’s zoning purposely steers similar sites to Black and Latino neighborhoods and, despite having removed other large polluters away from nearby developments like Trinity Groves, has refused to do the same for Shingle Mountain.”
For over a year Southern Sector Rising has been lobbying the City Council for the restoration of the Dallas Environmental Health Commission. With the adoption of the City’s Climate Plan, the Council has a chance to do that next Wednesday , May 27th. But they must hear from you.
Opposition is coming from management in the Office of Environmental Quality and Sustainability who don’t want the word “health” used for this new body. Why? Because this is the same city staff who doesn’t want to responsibility of telling citizens they have bad air or are living too close to industry. Houston has a staff toxicologist advising City Hall. Dallas has a lawyer.
This is why residents must have the Dallas Environmental Health Commission. It serves as a citizen-friendly forum for putting environmental health issues on the official City Hall radar and generates important new public policy proposals. Every Council Member would appoint a member and various experts would serve as advisors. It would instantly elevate the status of Environmental Health at Dallas City Hall.
You can help make this happen by sending a quick “ClickNSend” email to Mayor Johnson and the City Council urging them to vote for a new Dallas Environmental Health Commission. You can add your own comments as well. It takes all of 30 to 60 seconds, and it could mean the difference between Dallas and the next Shingle Mountain.
HERE’S THE LINK TO SEND YOUR EMAIL TO THE MAYOR AND COUNCIL https://www.downwindersatrisk.org/featured-citizen-action/
You Contributed Over $21,000 for Our
COVID-Connected Program Work Last Week
In our first ever attempt to conduct a week-long fundraising campaign, much less during an unprecedented pandemic, we had unprecedented success. Over seven days our supporters contributed a total of $21,600 to Dowwinders at Risk. That’s the most we’ve ever raised during one of our fundraising drives.
Besides raising needed funding for our work, we also received national exposure through the Peace Development Fund’s Grassroots Fundraising Week that featured us and 12 other grassroots groups doing social justice work around the country during the COVID crisis.
These new funds will be used to support our zoning equity work surrounding he upcoming “forwardDallas! land use planning process, the new regional air monitoring network we’re building, assistance to grassroots groups such as Southern Sector Rising, and continued original reporting of local environmental news.
We can’t tell you how much we appreciate the contributions, especially in light of the circumstances. We value your support and pledge to squeeze every bit of change out of every dollar you send us. Thank you.
Today, the Peace Development Fund is using its national presence and contacts to help raise funding for Downwinders at Risk, under the banner of “Taking Back our Cities.”
We’re being featured on their website all day. We’re one of only 13 groups chosen to receive this kind of attention from the Fund.
The Fund liked our work around the upcoming Dallas MasterPlan process, partnering with Southern Sector rising and neighborhood groups to rezone Southern Dallas communities tract-by-tract to improve environmental health.
We’re one of the few environmental groups in the country using land use planning tools to reduce residents’ exposure to pollution. Our aim is to dismantle the racism institutionalized in local zoning codes that have forced People of Color and industry to live side-by-side for decades.
Many of you helped us reach our Giving Day goal. But we need those of you who didn’t contribute on Giving Day to do your part today. Here’s your chance to join the fight for cleaner air and environmental justice.
Increased Vulnerability to COVID
What is It?
For most people, “zoning” isn’t a very interesting topic. How your property is classified by city government is of little concern – until you discover how few protections you have or how close a large polluter can operate near you.
In Dallas as well as most American cities, People of Color have been historically forced by law or practice to live in neighborhoods they had to share with industry. The Trinity River floodplains were used as a large dumping ground for both people and factories deemed “undesirable” by white power brokers.
While illegal now, that institutionalized discrimination lives on in the form of obsolete racist zoning that still makes Southern Dallas a dumping ground.
Why Do It?
Unless you change the zoning classifications in South Dallas that make it such a haven for dirty industry, the City’s pollution burden will remain concentrated there, stifling economic development and quality of life.During the last two years Southern Dallas has fought off four proposed batch plants in the same neighborhood because the zoning directs them there. The notorious Shingle Mountain illegal dump took advantage of zoning loopholes to withhold notification of its activities from its neighbors. Instead of playing “whack-a-mole” and having to organize anew against every attempt to site a new polluter there, Southern Dallas residents need to re-write the leftover racist zoning laws and prohibit their part of town from becoming the default Big D dumping ground.
Downwinders is partnering with our friends at Southern Sector Rising and the Inclusive Communities Project to do just that. Dallas is gearing up for a once-in-a-decade review of the City’s MasterPlan that will invite residents to imagine how they want to change their neighborhoods. There’s an opportunity to submit new plans that reverse the racist zoning that plagues the entire Southern part of Dallas.
We’re working with specific Southern Dallas neighborhoods that want to give residents more green space, more buffer zones between themselves and pollution, and even begin proceedings to remove industry from their communities. It’s a 2-3 year process but the end result is increased Environmental Justice in places that desperately need it.
What’s the COVID
Bottom: COVID Risk Factors
Research done during this pandemic shows Black and Brown residents are being disproportionatey impacted by the COVIC virus.This is being attributed to a number of “pre-existing conditions” in the neighborhoods where they live, including lack of health insurance and health care facilities, poverty and…exposure to air pollution. We know that Black and Brown residents are more likely to be exposed to more and higher levels of air pollution than their white peers.
“forwardDallas!” is the name of the process the City of Dallas is using to redraw its MasterPlan. It was supposed to begin this Spring but may not start until summer. It will involve lots and lots of neighborhood meetings.Downwinders, Southern Sector Rising and the Inclusive Communities Project isn’t waiting however. We’ve already met with residents’ groups in the Floral Farms and Fruitdale neighborhoods to begin a grassroots planning process. Because of their preparation, these groups will be able to show up to the City meetings with their own plans already developed and ready to be approved. More online meetings are being scheduled for other neighborhoods.
No group has used the “forwardDallas” process to overhaul Dallas zoning in such a comprehensive way. No coordinated effort has ever been focused on this mission. Like so many projects Downwinders takes on, its a “first.” But it’s a chance to make fundamental Change.
This obsolete pattern of “redlining” and segregation lives on in a legacy of racist zoning that still drives polluters to Southern Dallas and along the Trinity River Corridor. Most of the land set aside for heavy industry in Dallas is still south of the River – in predominantly Black and Brown neighborhoods like West Dallas and Joppa.
To make sure Southern Dallas doesn’t remain the City’s dumping ground you have to change the zoning that controls what can go where and next to whom.