MIKE AGUIRRE FILES CLASS ACTION LAWSUIT AGAINST CITY ON BEHALF OF FLOOD VICTIMS

By Miriam Raftery

Photo: Flooding in Encanto, via mayoral candidate Genevieve Jones-Wright

February 22, 2024 (San Diego) – Former City Attorney Mike Aguirre and civil rights leader Shane Harris with People’s Association of Justice Advocates (PAJA) held a press conference Feb. 12 to announce a lawsuit against the city of San Diego on behalf of homeowners who suffered “preventable” damages from the January 22 flooding.

Harris cited a 2018 audit of the city’s storm water system as well as an unsuccessful 2022 effort to pass a ballot measure to fund infrastructure as evidence that city officials knew of flood risks from its storm drains, but failed to resolve them. The report specifically mentioned Chollas Creek  issues that caused flooding across southeastern San Diego. 

“This was an act of man, not an act of God,” Harris said, adding that city officials could have prevented January’s flood damages had it prioritized needed upgrades after the audit more than four years earlier.

Over 1,000 residents in Southeast San Diego have been displaced and hundreds of homes damaged or destroyed, according to PAJA, including Southcrest, Mountain View, Shelltown and Encanto neighborhoods.

Aguirre and his law partner, Mia Severson, have been documenting residents’ damages and are helping them file claims with the city, which does not comment on pending litigation.

Aguirre says his legal team has found examples “over the last 20 years, where the city has been advised that their funding is inadequate” to address infrastructure problems.  “This is what’s called in the law an admission.  An admission is binding in a court of law, and provides the basis for a judgment against the city.”

In addition to damages, the suit will seek an injunction against the city to force it to establish a storm water utility and make creation of a new storm water system a priority.

“I walked in people’s homes where their water was up to their neck, whole cars swimming in a lake in the middle of Encanto,”  Harris said, Fox 5 reported. “Don’t tell me that’s not a priority.”

The city has announced plans to put a storm water system funding intiative on the ballot.

The federal government has declared a disaster area, making FEMA funds available up to $42,000 per home to assist San Diego residents impacted by the January 21-23 storms. Residents and business owners who sustained losses in San Diegoi County can begin applying for assistance at www.DisasterAssistance.gov(link is external), by calling 800-621-FEMA (3362), or by using the FEMA App

At the press conference, PAJA also announced a drive to collect restaurant gift cards, blankets, shoes and socks for flood survivors. For more information, visit https://www.pajmovement.org/.