The city is seeking to dismiss a lawsuit for records on toxins at Ground Zero after 9/11, claiming no documents exist.
New York: The city is trying to shut down a lawsuit that’s asking for important info about the toxins that lingered in lower Manhattan after the 9/11 attacks. They say they don’t have the documents and that the search for them is just a “fishing expedition.”
Last year, the city’s Corporation Counsel filed papers asking a judge to dismiss a Freedom of Information Law request from advocates and families of 9/11 victims. They want the Department of Environmental Protection to release any studies on air quality at Ground Zero.
The city has been slow to respond, asking for delays and then filing a motion to dismiss, claiming they found no records. They said, “After a diligent search, no responsive records were found,” but didn’t explain how they searched.
City attorneys pointed out that aside from a few news articles, there’s no proof that the DEP has the records being requested. They argued that the FOIL request was sent to multiple city agencies, which don’t keep the same records, making it a fishing expedition.
A spokesperson for the city’s Law Department said just guessing that documents exist isn’t enough to challenge their response. They maintain that the DEP has confirmed no records were found after a thorough search.
However, attorney Andrew Carboy, representing the 9/11 advocates, feels the city is brushing off their requests. He said the city is resisting sharing its 9/11 archives, regardless of who is asking for them.
Carboy emphasized that the 2001 World Trade Center disaster is a unique event in the city’s history. He questioned why records about air quality and public health risks remain secret decades later.
Interestingly, the city has admitted in letters to Congress that it has the records but is holding them back, seeking financial aid and legal protections in exchange for their release.
Both the DEP and the City’s Office of Emergency Management have struggled to find any 9/11 records. OEM speculated that their studies might have been lost when 7 World Trade Center collapsed, which Carboy pointed out doesn’t make sense.
One city official mentioned that finding these old documents is tough since many weren’t digitized, so they have to sift through paper records from years ago.
The current administration has made it clear they won’t release any documents until they figure out if doing so could lead to lawsuits.
However, the City Council is pushing for change. They’ve introduced a bill that would let the Department of Investigation use its powers to get documents about what the city knew regarding toxic air conditions after 9/11.
A hearing on this bill, introduced by City Councilwoman Gale Brewer, is set for January 29. Benjamin Chevat, from 911 Health Watch, believes the City Council needs to act to uncover the truth.
The FOIL request is looking for documents and reports about the toxins and health threats to 9/11 first responders and survivors. It’s estimated that around 400,000 people were exposed to these toxins on 9/11 and in the days that followed.
