Nearly two years after Winter Storm Uri, San Antonio faces federal lawsuit alleging its contingency plans are discriminatory and ‘left residents with disabilities out in the cold’ .
The civil lawsuit, which was filed in San Antonio federal court on Jan. 27, is the first of its kind against a Texas city and one of the few nationwide, said a staff attorney at Disability Rights Texas. Yes, said Stephanie Duke, disaster recovery coordinator for the nonprofit advocacy agency. .
Disability Rights Texas joins two law firms, Winston & Strawn LLP and Daniel & Beshara, PC, in alleging city plans endanger lives and violate law during February 2021 storm I filed a lawsuit on behalf of nine San Antonio residents. Americans with Disabilities Act.
“We spent a good deal of time getting San Antonio to come to our table before the lawsuit to sort things out,” Duke said. “Unfortunately it didn’t happen.”
“We didn’t want to go to court because litigation takes time, requires resources, and can’t be resolved quickly,” she added.
The city has not made anyone available for interviews, citing pending lawsuits.The city was issued a subpoena on Monday and given 21 days to respond to the lawsuit, according to federal court records. I’m here.
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“After the winter storm Uri, the city engaged community stakeholders and emergency management consultants with expertise in disability rights,” the city said in a statement. “Through this effort, we are evaluating and improving our plans and practices to better serve our communities. work continues today.”
The statement did not elaborate on these changes.
The lawsuit alleges that San Antonio’s emergency shelter and its transportation and evacuation plans, as well as emergency communications, outreach programs, and water and food distribution sites, are inaccessible to residents with disabilities.
As an example, the lawsuit states that city shelters do not have durable medical equipment, including cots, certified refrigeration facilities for medicines, or oxygen units, that can be used by persons with disabilities.
Additionally, according to the lawsuit, the city’s shelter-in-place plan does not address the impact of sustained blackouts on residents who rely on “power-dependent equipment related to life support or disability” or refrigeration drugs. .
“This discrimination was particularly pronounced during winter storm Uri in February 2021, with dire consequences,” Files said, although San Antonio experienced a variety of events, including flooding and extreme heatwaves. It emphasizes that it is easy to be hit by a disaster.
About 16% of San Antonio’s population has one or more disabilities, the lawsuit said, citing city data.
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Duke said this is the first lawsuit against a city in Texas, but the issues filed are likely not unique to San Antonio.
“Comprehensive planning at the local level seems to be a statewide issue,” Duke said.
The lawsuit stems from feedback received by Disability Rights Texas in response to a 2021 investigation into the effects of winter storm Uri on Texans with disabilities.
The case, assigned to U.S. District Judge Fred Beery, calls for San Antonio to revise its disaster and emergency plans to be more inclusive of residents with disabilities, and for the court to oversee this process. We are requesting the assignment of a special master.
In addition, a full-time emergency management department employee should be hired or deployed to ensure a “comprehensive plan for the needs of individuals with disabilities across all emergency support functions and response and recovery measures.” I am asking the city to
molly.smith@express-news.net
