We Did This: A Shingle Mountain Clean-Up is Coming

Despite the flurry of cynical and self-serving photo ops and press releases that Dallas City Hall churned out on Monday celebrating the beginning of a clean-up at Shingle Mountain, no waste was removed from the site yesterday. Nor will any be removed today.

But thanks to you, a clean up is coming. And also thanks to all you, that clean-up is suddenly more concerned with the health of Choate Street residents.

Last week, after a required 30-day public notice period, a state court approved a settlement between the illegal dump’s landowner, the State of Texas and the City of Dallas that sets the table for removal of all “above ground” material. On Monday, contractors for the city were installing air monitors around the dump to record the levels of dust created when bulldozers begin loading the estimated 100,000 tons of hazardous waste into waiting 18-wheelers for the half mile trip to the McCommas landfill.

According to a separate agreement between the City and the landowner, the City has until December 25th to “begin” the removal process, i.e. sending trucks to actually haul off waste.

This result was anything but a foregone conclusion when the “Move the Mountain” campaign began last August 5th with a new conference at City Hall demanding the illegal dump be gone by the end of the year.

Only 4 months ago City Hall hadn’t made any commitments to a clean-up and had no estimate for when one would take place. The City Council had just unanimously rejected pleas from Choate Street residents to re-establish the Environmental Health Commission as part of a new Climate Plan. We were at a low ebb in our campaign. 

But a strategic and constant barrage of public protest and shaming – mock trials, leafleting the Mayor’s law firm, dumping waste at City Hall – along with the attendant embarrassing media coverage, made the City of Dallas actually commit itself to a clean-up  it hadn’t planned on doing quite as fast, if at all.

Keeping constant pressure applied for four months was often exhausting, but momentum grew with each new demonstration. November 16th might have seen “peak” Shingle Mountain coverage with publication of a long and well-written expose in the Washington Post, a public demonstration at the dump’s gate counting down the days until a clean-up was supposed to begin and a crew from Solodad OBrien’s upcoming BET documentary in town to film it for a premiere in February.

Thanks to everyone who showed up to those demonstrations of support. Whether you attended one or all of them, your presence made a difference.

Those of you who sent in public comments this last month also had an impact. Initially, neither the State nor City expressed the least bit of concern about the health of Choate Street residents during the messy business of removing the waste. No specific provisions for controlling dust or monitoring air quality were included in the City agreement or State settlement.

But after over 50 letters and emails worth of comments were sent and included in the public record, the City suddenly got religion. It included dust control measures and air monitoring in its final description of the clean-up to the court. Lawyers for Marsha Jackson, Co-Chair of Southern Sector Rising, and a Downwinder board member cited your public comments as the reason the City included these new safeguards at the last minute. So congratulations a second time.

Now what?

The settlement and agreements signed by the State and City are vague about what happens after the land surface is cleared of waste. Will there be any monitoring wells drilled to see if contamination seeped into the groundwater? Will the clean-up extend below the ground as well as above if the soil is contaminated? If pollution is found in the soil or water, what level of contamination is “acceptable”, i.e. what are the clean-up levels then?

And what and who will be responsible for the health costs -financial and physiological – accumulated by Ms. Jackson and the other Choate Street families?

Residents have drafted their own neighborhood plan for redevelopment that drastically changes the zoning in their community. They’ve submitted it to City Hall.  But the same City Council Member that was taking unearned credit for Shingle Mountain’s removal on Monday is fighting this neighborhood plan tooth and nail.

District 8 City Council Member Tennell Atkins is one of the biggest reasons Shingle Mountain exists at all, and why its removal has been so delayed. He’s been nothing but an obstacle to be overcome instead of an ally for his constituents. Adding insult to injury, he’s now standing in the way of Choate Street and Flora Farms residents being able to rebuild their community from the devastation he’s inflicted on them.

Atkins is up for re-election in May and it’s our hope that all of you who made this Shingle Mountain clean-up happen will stick around and finish the job by helping us remove this political tumor that threatens the future of  Southern Dallas.

Sunday December 13th was the two-year anniversary of the very first Robert Wilonsky column about Shingle Mountain in the Dallas Morning News. Some of us believed that first column would expose the problem and move officials to act to resolve it. 13 Wilonsky Shingle Mountain columns later, we’re still waiting on the trucks that should have arrived in January 2019.

If they show up before Christmas Day , it will be one of the best, most satisfying moments of a terrible year. But it won’t be the end of the struggle over racist zoning that began on Choate Street. That struggle is just beginning.

Send Your Public Comments for a SAFE Shingle Mountain Clean-Up

What:

Public Comments on the State’s Settlement with Shingle Mountain landowner

 

When:

Now thru Sunday, Dec 6th

 

How:

Use our ClickNSend email feature to send your comments to Texas Attorney General’s office in 90 seconds

 

Why:

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. 

CLICK HERE TO SUBMIT YOUR COMMENTS

Help us Move Shingle Mountain


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.

D Magazine on Marsha Jackson’s Lawsuit

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.”

https://frontburner.dmagazine.com/frontburner/2020/07/the-city-is-now-being-sued-to-remove-shingle-mountain/

 

Citing Overt Racism, Marsha Jackson Sues Dallas over Shingle Mountain

Marsha Jackson in front on one of the smaller piles
of ground-up shingles next door to her house assaulting her health.

Arguing that the City Of Dallas has always had the authority to clean-up the huge illegal Shingle Mountain dump in Southern Dallas, but chose not to because it’s in a predominantly Black and Brown neighborhood, lawyers for Marsha Jackson added City Hall as a defendant in their federal lawsuit.

Dallas joins the Rogue’s Gallery of grifters, including former operator/con man Chris Ganter and his accomplice landowner Cabe Chadick, being sued by Jackson’s lawyers, famed civil rights attorneys Mike Daniel and Laura Beshara.

At issue is the creation and continuing health threat caused by Dallas’ largest illegal dump – a 100-foot high, 100,000 ton pile of asphalt shingles that began surrounding Jackson’s house in Janury of 2018.

Speaking on behalf of Jackson’s in their amended complaint filed July 8th Daniel and Besharal state, “The City, along with the operator and owner, is responsible for the existence of Shingle Mountain.” The trail of official negligence they document backs that claim.

This 100 foot, 100,000 tons Mountain of used asphalt shingles is STILL in Jackson’s backyard.

Shingle Mountain’s operators were in violation of numerous city regulations and laws the day it opened. They violated a specific deed restriction put in place to prevent the very dumping from which they profited. They didn’t have a required Special Use Permit. They didn’t have any solid waste or storm run-off permits. They had no pollution permits to spew asphalt dust into the air by the tons. And they had set up shop in a floodplain which made the entire business an illegal use. Incredibly, the City of Dallas issued the dump a Certificate of Occupancy anyway.

But the suit does more than document the specific abuses leading up to the creation of the Shingle Mountain crisis. It also cites a pattern of racist zoning the City knowingly put in place that practically rolled out the red carpet for the con men responsible for the dump.

The City Council deliberately changed the zoning on the Shingle Mountain dump site to the heaviest industrial zoning possible despite knowing that Ms. Jackson’s home and other homes were adjacent to the site. The City changed the zoning knowing that the heavy industrial zoning adjacent to the homes violated City zoning policies.

The distribution of industrial zoning in Dallas is based on the legacy of redlining Black and Brown neighborhoods that were pushed to the banks of the Trinity River.

Jackson’s suit points out there are no industrial dumps in predominantly White residential neighborhoods in Dallas. The City Council hasn’t approved or contributed to the presence of illegal dumps in predominantly White residential single-family neighborhoods. The City hasn’t issued permits in violation of deed restrictions and doesn’t impose heavy industrial zoning adjacent to single family homes in predominantly White residential neighborhoods. There are no Shingle Mountains or any illegal dumps in a predominantly White residential neighborhoods in Dallas. With only one limited exception there’s no industrial zoning adjacent to ANY predominantly White neighborhoods in Dallas.

It also cites several example of when the City moved quickly to pay for contaminated sites…when developers requested it. In 2010 the Dallas City Council expended over $1 million in City funds to provide for the removal of lead soil contamination for the construction of Belo Garden park downtown. In 2015, the Dallas City Council paid $2.5 million in City funds to relocate and remove the Argos batch plant out of the newly gentrified “Trinity Groves” district and relocate it deeper into West Dallas where it’s adjacent to Black and Hispanic neighborhoods.

But in 2019, when Marsha Jackson requested funding for the clean-up of Shingle Mountain because of escalating health problems, the Dallas City Council refused.

Black asphalt dust covers the entire exposed top of the Downwinders’ portable monitor that recorded alarming levels of PM pollution. Despite pleas from residents, the City of Dallas has never monitored the air at the dump.

As a result , Jackson’s lawsuit against the City is for: 1) violation of the federal environmental laws by contributing to the creation of the illegal landfill and 2) for treating her differently on the basis of race by creating the industrial zoning that is harming her and by failing to remove the illegal landfill when the City acts to perform environmental remediation in white areas. Ms. Jackson’s suit against the City asks for the City to enter onto the Shingle Mountain property and remove the illegal landfill. She asks for the City to clean up the Shingle Mountain property to remove the environmental and health hazard and to re-zone the property to a compatible use for the homes that are next to the location.

Since the first day it opened for business without any warning, Ms. Jackson and her neighbors have complained about health problems, including respiratory and neurological problems. Specifically, they’ve cited poor air quality resulting from the black dust permeating the air they were breathing. Three years of decomposition is stripping carcinogens and toxins like Silica, Formaldehyde and fiberglass from their adhesive backings and putting them into the air as Particulate Matter pollution. In these summer months, standing downwind of the dump is like standing next to an asphalt batch plant or oil terminal, with fumes overwhelming even the most healthy.

Perhaps most infuriating of all is the argument by Jackson’s lawyers that the City has had the authority to act to remove the dump at any point over the last almost-three years:

“The City of Dallas has the legal power to require the removal of Shingle Mountain. It can summarily abate the use because it is located within the floodplain. The use is not one allowed by the City in a flood plain. Texas law gives the City of Dallas the power to abate the violation by causing the work necessary to do so after notice and an opportunity to comply to the owner. If the owner, as in this case fails to comply, the City, without legal action, may pay for and cause the work to be done and assess the costs to the owner. Until the costs are paid,interests at 10 percent per year and the City has a lien on the property for the costs incurred and the interest. (Tx. Local Gov’t Code. § 54.020.)”

After three years Dallas has seemingly run out of excuses for its discriminatory treatment of Marsha Jackson and her neighbors. A well-worn truism is that the only time the City responds to its residents is when a lawsuit is at stake. Now that the City has been named a “responsible party” to the crisis in a lawsuit, Jackson’s plight might actually be a priority at City Hall.