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CITY OF BALTIMORE
COUNCIL BILL 05-0045R
(Resolution)
Introduced by: Councilmembers Clarke, Young, Curran, Harris, Kraft, Conaway, Mitchell
Introduced and read first time: April 18, 2005
Assigned to: Education, Housing, Health, and Human Services Committee REFERRED TO THE FOLLOWING AGENCIES: City Solicitor
A RESOLUTION ENTITLED
A COUNCIL RESOLUTION concerning
Title
A Request for Legal Action - Lead Paint
FOR the purpose of requesting that the City Solicitor research and study the feasability of instituting legal action against the paint and lead pigment industry to recover damages to the City and its residents.
Body
Recitals
The United States Department of Health and Human Resources considers lead paint poisoning to be one of the most common and serious environmental diseases in young children in the United States. Lead poisoning causes serious developmental damage to the mind and body of young children and is completely preventable. Lead poisoning is highly prevalent in Baltimore City. Over 140,000 Baltimore housing units still contain lead-based paint, and lead paint is the single most common source of lead poisoning in children.
As early as 1904, interior surfaces coated in lead paint have been recognized as a source of children's lead poisoning, and in 1933, the Journal of the American Medical Association (JAMA) identified lead paint as the primary source of lead poisoning in children. Although the toxicity of lead paint has been scientifically documented and well known to the paint and lead pigment industry since the beginning of this century, lead paint continued to be sold and promoted as safe until its residential use was banned in 1978.
The majority of lead pigment used in paint was manufactured between the 1920's and 1950's by 7 companies, none of which has ever been held responsible for its actions. The largest manufacturers of lead pigment in the twentieth century, or their successors, continue to be profitable businesses that had combined net assets of about $30 billion, in 1995. Lawsuits against paint manufacturers have been brought by several cities, including Milwaukee, Chicago, San Francisco, Oakland, and St. Louis, by the Housing Authority of New York City, and by the State of Rhode Island.
The presence of lead paint in Baltimore has required the City government to spend millions of dollars to identify lead-affected children and to provide them with medical, educational, and social services, as well as to remediate lead paint hazards in the City, and such expenditures will continue for many years in the future.
A lawsuit by the City of Baltimore against the lead paint industry could recover monetary damages to defray such City expenditures. Extensive evidence and documentation concerning the culpability of the lead paint and lead pigment industry has already been accumulated by some potential public and private plaintiffs and their attorneys. The City Solicitor may find that attorneys for other plaintiffs are interested in assisting the City to pursue a case. Such a legal action would, if successful, enable the City to spend the proceeds for the benefit of persons who have been harmed by lead poisoning and to eradicate the lead paint hazards that permit lead poisoning to continue in Baltimore.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BALTIMORE, That this body requests that the City Solicitor research and study the feasability of instituting legal action against the paint and lead pigment industry to recover damages to the City and its residents. As a part of his research and study, the City Solicitor should consider the best manner in which to pursue legal action, including the possibility of retaining outside council.
AND BE IT FURTHER RESOLVED, That if during the investigation of the proposed legal action, the City Solicitor finds that such a lawsuit is not advisable at this time, he shall report those findings to the City Council.
AND BE IT FURTHER RESOLVED, That the City Council expresses its intent that any proceeds from a successful lawsuit should be expended to the greatest extent possible for the benefit of persons who have been harmed by lead poisoning, to eradicate the lead paint hazards that permit lead poisoning to continue in Baltimore, and to recover past public expenditures made to reduce lead poisoning and assist victims.
AND BE IT FURTHER RESOLVED, That a copy of this Resolution be sent to the City Solicitor, the Mayor, and the Mayor's Legislative Liaison to the Council.
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