Milwaukee School Board May Sue Paint Companies Over Lead Crisis 

The Milwaukee School Board is considering taking legal action against paint manufacturers in response to the ongoing lead crisis in the district.

A resolution from board member Missy Zombor directs district administration to work with the city attorney’s office to “explore legal options to hold lead paint companies accountable … for costs associated with remediating lead paint that continues to pose health risks.”

“The cost to repair, replace or maintain the numerous buildings that may have lead risks is a burden that the district should not have to shoulder,” the resolution said.

The board met in closed session Thursday night to discuss the resolution. Following the meeting, Zombor declined to comment on the resolution.

City attorney Evan Goyke also declined comment on the measure.

The move comes as lead hazards, including chipping paint and lead dust, have been found in seven schools in the district so far. Four students in the district have tested positive for lead poisoning in recent months. Three schools remain temporarily closed as lead remediation continues.

A spokesperson for MPS said the lead cleanup effort at those seven schools has cost the district $1.8 million so far.

Lawsuits over lead paint can be challenging and time-consuming

Other local governments have successfully sued paint manufacturers in the past, but the efforts can take decades to resolve. Several cities and counties in California reached a $305 million settlement with three paint companies in 2019 for a lawsuit against paint manufacturers Sherwin-Williams, ConAgra and NL Industries that began in 2000, according to a statement from Santa Clara County.

But Robert Rabin, a law professor at Stanford Law School, said most of the lawsuits against paint companies are unsuccessful. Rabin pointed to a case in Rhode Island in which a settlement was overturned by the state Supreme Court. In Milwaukee, he said, one challenge will be figuring out which company’s paint is in the schools.

“Often the lead paint has been laid on over a 30- or 50- or 60-year period, and it’s not clear which manufacturer in fact was responsible for the paint in any particular cluster of buildings,” Rabin said. “Some of the lead paint manufacturers from 50 years ago are out of business now.”

A statement from Lead Safe Schools MKE and Get The Lead Out Coalition said the groups supports the resolution as a way of “find(ing) revenue to cover the costs of this daunting endeavor.”

The statement also says the district, the city of Milwaukee and the state should look for additional ways to cover the financial costs of lead cleanup work.

1 school set to reopen, others could remain closed for weeks

Three schools — Starms Early Childhood, Fernwood Montessori and LaFollette School — all temporarily closed March 17 after staff with the city health department noticed lead hazards, like chipping paint, when inspecting the properties.

During Thursday’s school board meeting, Superintendent Brenda Cassellius said lead remediation work at Fernwood Montessori is now complete and the school could reopen as soon as Wednesday. She said the Milwaukee Health Department plans to inspect the school on Monday.

“If all things go as expected, teachers will be provided the full day on Tuesday to set up their classrooms,” Cassellius said.

Lead cleanup work at Starms Early Childhood could be completed by the end of April, Cassellius said.

And cleanup began at LaFollette School on April 15, which was the earliest the newly hired contractor was available. That work is expected to take four or five weeks.

Meanwhile, the Milwaukee Health Department is now without the help of experts with the U.S. Centers for Disease Control who were assisting the department in addressing the lead crisis.

There are 85 schools in the district built before 1978 when lead-based paint was banned. Lead dust is often formed as lead paint chips and wear down, according to the CDC.

“Any surface covered with lead-based paint where the paint may wear by rubbing or friction is likely to cause lead dust,” according to the CDC. “Lead dust is common in many areas including windows, doors, floors, porches, stairways, and cabinets.”

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Milwaukee School Board may sue paint companies over lead crisis  was originally published by Wisconsin Public Radio.