Residents File Class Action Suit Against MTA Over Lead Paint on 7 Train

By Matt McClure
Reported by NY1 on Monday, May 22, 2017 at 08:05 PM

Screen Shot 2017-05-24 at 11.06.10 PMA group of Jackson Heights residents has filed a class action lawsuit against the MTA. They say lead paint chips falling from the elevated 7 train line pose a public health hazard. NY1’s Matt McClure filed the following report.

Standing under the elevated 7 train along Roosevelt Avenue in Jackson Heights you can’t help but notice it: Paint chipping and falling away.

“I have two small kids,” said Dudley Stewart, a Jackson Heights resident and one of the plaintiffs in the case. “

Every day we walk through Roosevelt Avenue and I get worried because you see the dust falling from the train. We know it’s filled with lead aint.”

A recent study by a painter’s union found lead levels in paint chips here were more than 40 times the legal threshold.

Now, four Jackson Heights residents have joined together in a federal class action lawsuit against the Metropolitan Transit Authority (MTA), calling on the agency to fix the problem.

“This is something the MTA has known about for years,” Steward said. “We want them to fix it. They refuse to fix it. Now is the time to force them to do it.”

“When all other avenues have failed, we believe that this lawsuit will then force the MTA to cure this hazard, which has existed for too long,” said attorney Dan Woodard, who represents the plaintiffs.

Among other things, the lawsuit accuses the agency of intentionally causing dangerous conditions by painting the structure with lead paint, then not maintaining it. City Council Member Daniel Dromm says it’s a public health hazard. He also believes it’s been 35 years since the structure between Woodside and Corona has received a fresh coat of paint.

“They keep telling us it’s in the budget,” Dromm said. “We’ve not seen it painted.”

Tammy Rose, an area resident involved in the lawsuit says the structural conditions of the elevated 7 line are so bad, one day as she was driving down Roosevelt Avenue, a bolt fell and hit her car.

“If a bolt falls off, imagine the amount of paint chips that are falling that we don’t see,” Rose said.

“You can see the structure is in very bad shape,” Dromm added. “I’m surprised it hasn’t fallen down!”

The MTA does not comment on pending litigation, but a spokesperson says their previous tests showed lead levels within EPA standards. The spokesperson also denies that it has been 35 years since the bridge has been painted, although they didn’t say when it happened. There is money in the agency’s current Capital Plan for the painting, but there’s no word on when it might happen.

For the residents who filed this lawsuit, it can’t come soon enough.

See more here.

Poisonous lead paint is raining down from the 7 train

By Danielle Furfaro

Originally published by the New York Post on April 23, 2017

Photo: Shutterstock

Photo: Shutterstock

Poisonous lead-paint chips are raining down on several Queens neighborhoods from elevated subway tracks, threatening the health of passersby, especially children, officials told The Post.

The decrepit No. 7 train trestle — which runs through Jackson Heights, Elmhurst and Woodside — hasn’t been repainted in more than three decades, said City Councilman Daniel Dromm, leaving the flaking lead-based paint exposed.

“I’m surprised it’s still standing, that’s how rusted and bad the chipping of the paint is and the lead dust particles are flying through the air,” said Dromm, who grew up in the area.

The amount of lead in the paint is 224,000 parts per million — or 44 times more than what is considered safe, according to the International Union of Painters and Allied Trades, which tested the falling paint chips at the behest of residents, Dromm and others.

Dr. Morri Markowitz, director of the Lead Poisoning Treatment and Prevention Program at the Children’s Hospital at Montefiore Medical Center, was aghast to learn about the “extremely toxic” levels falling from the elevated tracks.

“I think the Department of Health or the city environmental agencies should get involved,” the concerned doctor said. “The lead paint could potentially be falling off of every elevated track throughout the city, not just on the 7 [line].”

Davon Lomax, director of the union, noted how heavily populated the area is.

“There are food carts, restaurants and schools under there, and the dust is getting everywhere, and it’s all breathable,’’ he said.

“This poses a threat to people who work and are passing underneath there every day.”

The dilapidated sections of the overhead tracks run from the 52nd street station to Junction Boulevard.

“It’s a poison, and kids shouldn’t be exposed to it,” said resident Samuel Rivera, 62, who lives in Jackson Heights. “The MTA should have repainted this by now, but they take their sweet time doing everything.”

Father-of-two Md Lokman Hossain said he is particularly worried about his 17-month-old son, noting that the tot could mistake a paint chip for food if it fell into his lap as they walked along Roosevelt Avenue.

“He could think it’s candy or something and swallow it, and it could lead to a big problem,’’ Hossain said.

Dromm said he has repeatedly pressed the MTA to take better care of the trestles, especially the area around the 74th Street/Broadway station.

“It has not been painted for at least 35 years that I can remember,” he said.

MTA officials said it has painted the trestles more recently than that, but they couldn’t say exactly when.

“No station on the 7 line, or the connecting infrastructure, has gone 35 years without being painted,” said agency spokeswoman Beth DeFalco. “We do annual joint inspections with NYCDEP of NYC Parks that are adjacent to our subway structures and quarterly inspections of other locations”

Markowitz called lead-based paints “indestructible, and recommended that those who live close to the tracks are at highest risk, and should seek out testing — as should MTA workers and commuters who spend time in the station.

Lead poisoning can cause developmental delays, learning disabilities, hearing loss and seizures in children, according to the Mayo Clinic.

Read more here.

Dromm Delivers Safer Pedestrian Crossing for 37th Avenue

David Sargent, Joseph Ricevuto, Jacqueline Sung, and NYC Council Member Daniel Dromm cross 37th Avenue in Jackson Heights.

David Sargent, Joseph Ricevuto, Jacqueline Sung, and NYC Council Member Daniel Dromm cross 37th Avenue in Jackson Heights.

Jackson Heights, NY – NYC Council Member Daniel Dromm was successful in securing a new traffic safety measure called Leading Pedestrian Intervals, which gives walkers a head start before cars get the light to make turns across the crosswalk, along 37th Avenue in Jackson Heights. Pedestrians will now have an additional seven seconds to cross the street without any vehicular movement.

In February, more than 150 concerned residents packed the Jackson Heights Jewish Center for a pedestrian safety town hall meeting in the wake of the death of 67-year-old Henry Boimel, a resident of 35th Avenue, who was struck and killed by an Uber driver while crossing 37th Avenue at 76th Street. The meeting was organized by Dromm and featured NYPD officers from the 115th Precinct, representatives from the Queens District Attorney, and officials from the city’s Department of Transportation.

Dromm listened to his constituents about the need for a safer 37th Avenue which is burdened by tremendous congestion and conflicts between vehicles turning and residents walking. Following the event, Dromm wrote the DOT to demand the implementation of the traffic safety measure called Leading Pedestrian Intervals. In response, the NYC Department of Transportation started implementing the measure in the past two weeks. Leading Pedestrian Interval (LPI) typically gives pedestrians a 7 second head start when entering an intersection with a corresponding green signal in the same direction of travel. LPIs enhance the visibility of pedestrians in the intersection and reinforce their right-of-way over turning vehicles, especially in locations with a history of conflict.

New York Daily News: NYPD still uses typewriters, but City Councilman proposes bill to switch to computers

By Erin Durkin

Councilman Daniel Dromm of Queens was shocked when he learned the NYPD still uses typewriters for creating police reports.

A Queens City Councilman wants to drag the NYPD into the digital age — leaving typewriters behind.

Danny Dromm (D-Queens) will introduce a bill Thursday to require cops to scrap their old-school typewriters by 2016, as part of a technology report they’d have to submit.

Dromm said he was floored when constituents started to complain to him that they had trouble getting copies of police reports, because they were prepared by hand on typewriters.

“I can’t believe that the police department is still using typewriters for these types of things,” he said. “We live in a computer age…I don’t even know where they get parts for these typewriters anymore.”

The NYPD did not immediately respond to a request for comment.

“Currently, some forms are still required to be typed, so we do still have typewriters, but the vast majority of Department forms are now digitized,” Commissioner Bill Bratton said at a state Senate hearing earlier this month.

Read more here.