For years, responders and survivors of the World Trade Center’s destruction on 9/11, joined by their families and advocates (including members of Congress), have been asking City Hall for the documents related to the environmental and health hazards from Ground Zero dating back to 2001, when Rudy Giuliani was mayor
And for years, his successors as mayor, be he Bill de Blasio or Eric Adams, have said no.
Now, the request has been made in a legally enforceable submission under the state Freedom of Information Law, filed on Friday. Good.
What did city officials know about the quality of the air at Ground Zero, as the federal Environmental Protection Agency was reassuring all that it was safe to breathe? What were the risks to the rescue and recovery crews working on The Pile who were not wearing effective masks and respirators to filter out contaminants? Did the desire to return people to their homes and businesses downtown put their health in danger? The answers may lay in the documents that city lawyers have been hiding.
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New York Mayor Rudolph Giuliani (R) gives a tour of the World Trade Center attack site to UN Secretary-General Kofi Annan (C) and New York Governor George Pataki (L) on Sept. 18, 2001, in New York.
It’s not as though the memos and letters and reports have been lost. Adams, in a letter to Congressmen Jerry Nadler and Dan Goldman earlier this year, noted that he would like federal protection from any lawsuits that arose from release of the records. Adam’s response means that the records do exist. As for being sued, the chance of litigation at this point is slim as probably almost every possible plaintiff has given up the right to bring a legal case when they joined the federal Victim Compensation Fund.
Most likely the city’s response to the FOIL request will be inadequate. Immediately after that there needs to be an appeal, in which City Hall probably will repeat its denial. Then there can be a lawsuit initiated in state court. If Adams doesn’t comply, a judge can force him.
So Mr. Mayor, having been a working cop on 9/11 at the WTC, you can hand over the records now or wait until your lawyers lose in court.