MPS board considers suing paint companies over lead crisis
MILWAUKEE (CBS 58) -- Board members for Milwaukee Public Schools (MPS) are weighing a possible lawsuit against lead paint companies. The board member bringing the resolution says it's an attempt to explore ways the district can get help paying for future testing and possible remediations at dozens of schools.
The resolution calls for MPS administrators to work with the Milwaukee city attorney's office to explore whether the city and district has grounds to file a lawsuit against lead paint makers.
"We know that the cost to remediate lead, it's gonna be costing the district a lot of money, so we don't want to leave any rock unturned," Missy Zombor, the board member bringing the resolution, said. "So, this resolution is really looking at what are our options to help hold the people who are responsible for the lead paint being in our schools accountable."
City health inspectors have so far found dangerously high lead levels in parts of seven different MPS schools. Three of them remain closed for deep cleaning. Fernwood, LaFollette and Starms have yet to reopen after their initial closure five weeks ago.
In an update to the board Thursday night, Superintendent Brenda Cassellius said the work at Fernwood was nearly complete, and the school is on track to reopen Wednesday.
Cassellius said work at Starms, including a new round of painting, is 75% complete. Work began this week at LaFollette, and Cassellius said the district expects that cleaning to last four or five weeks.
The board did not act on the lawsuit resolution Thursday. Instead, the matter will be come up for a vote after three newly elected board members are sworn in at Tuesday's special organizational meeting.
Zombor said the request is based on a 2019 settlement in California, where paint makers agreed to pay $305 million to 10 of the state's counties and cities, including Los Angeles County, Oakland, San Diego and San Francisco.
The defendants included Sherwin-Williams, ConAgra and NL Industries. That case took nearly two decades to play out; the suit was first filed in 2000, and the communities initially won a $1.15 billion judgement in 2013. The case was under appeal when the 2019 settlement finally closed out the matter.
"The resolution, itself, is just asking the administration to work with the city attorney to bring up legal options that the board might have," Zombor said. "Like holding the lead paint industry accountable."
The need for assistance was also recently heightened by the federal Centers for Disease Control (CDC) denying the Milwaukee Health Department's request for help with testing and mitigation efforts across MPS.
Board member James Ferguson said it's been a subject he frequently hears about from parents.
"They're just concerned," he said. "And they want to know that the district taking their concerns seriously, and we are."