Litigation Support: Amicus Brief in Detroit Right to Water Case

The International Network for Economic, Social and Cultural Rights (ESCR-Net) was granted leave from the U.S. District Court to be recognized as amicus curiae (1) in the case of Lyda et al. v. City of Detroit (2) in support of residents challenging the City of Detroit’s decision to cut off water supply to thousands of households unable to pay their bills. 

The City of Detroit disconnected approximately 30,000 households of low-income persons and persons living in poverty from the municipal water supply, leaving them without access to drinking water and water for toilets and basic sanitation.

This action shocked the international community and prompted the visit of two UN Special Rapporteurs to assess the situation in October 2014. Despite the onset of winter, local groups report that the City has continued water shut-offs at the homes of low-income families, the elderly, and the infirmed.

The intervention was co-ordinated by ESCR-Net Strategic Litigation Working Group and included Center for the Study of Law, Justice and Society (Dejusticia), the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), the Social Rights Advocacy Centre (SRAC), and the Socio-Economic Rights Institute of South Africa (SERI).

Key Documents

Amicus Brief by ESCR-Net

Joint Press Statement by Special Rapporteurs

Decision of Bankruptcy Court

Complaint

Transcript 9 - 2

Transcript 9 - 23

Appellants Brief

Appellee (Cityof Detroit) Brief

Appellants Reply Brief

Decision of the United States Court of Appeas for thel 6th Circuit

Lyda v. City of Detroit, No. 15-2236 (6th Cir. 2016)

The Sixth Circuit affirmed dismissal by the Bankruptcy Court as finding that Section 904 of the Bankruptcy Code explicitly prohibits the relief sought. The Court also dismissed the due process and equal protection claims.

Photo credit: www.voiceofdetroit.net