REMEMBER WHEN - CLASS ACTION LAWSUIT

Remember when the smelter closed in 1985 and things were pretty bleak in Ruston. There was little money for anything and the Town survived with one peace officer Chief Kim Wheeler. But the town was at peace and determined to make it through the tough times. The town prevailed but had to make unpopular decisions which allowed a small cabal of power trippers to take control for three years systematically doing everything in their power to destroy the town. Although they are down to two hard core annexation or bankruptcy council persons they have not lost any of their ardor. I wonder who the real goblins are entrenched in their past lives?

It is time to write down what we know before the entire history of the town is forgotten. This chapter of "Remember When" will deal with the CLASS ACTION LAWSUIT and its ramifications.

I remember stopping at the Ruston Market commenting on the well dressed people running up and down Winnifred street hollering at any one who would listen. I was informed they were Seattle lawyers coming to save the town and they were looking for "volunteers" to buttress a class action lawsuit soon to be filed. Anyone who would signup was promised $10 thousand dollars a lot of money back then. They had been politely asked to get off the premises when they descended on the market. But newcomers to the town were more easily swayed.

Anyway later a hearing was scheduled for Federal Court in Seattle which I attended and was at it turned out a pro forma hearing and a complicit go ahead. I decided to attend as my property in Tacoma, approximately 9.5 acres, was on the map of cleanup properties in ZONE FOUR. Bear in mind ZONE FOUR was considered to furthest away from the Asarco smelter and therefore lesser contaminated. This meant I would be last to be cleaned up to EPA standards.

My problems was I could look out my living room window and see the plant ACROSS THE STREET. I was closer to the plant than most residents of Ruston who were included in ZONE ONE. My worries were well founded as it took twenty years to "clean up" the property which meant cutting down many trees and scraping all the top soil off down to clay and not replacing any and uncovering an underground spring. I was informed they were out of money and I had to pay $12 thousand dollars to have the property sprayed with top soil grass seed otherwise I was told any runoff onto the Burlington Northern property would be my liability.

Well when I got there (federal courthouse in Seattle) a mysterious ZONE FIVE had been added to the map by the class action lawyers which about doubled the number of claimants as the further out the wider the arc. This would have great impact on the residents of Ruston as they suffered the greatest levels of contamination. This would have a great determination on the size of the checks mailed out to those determined eligible.

1) I pointed out to the judge the Lawyer's map was an overlay of the EPA map ZONES ONE to FOUR with ZONE FIVE added. I never got an explanation why it zigged in certain places and zagged in others. It turned out it was easier to get people to sign on to the class action lawsuit (ZONE FIVE) the further away from the smelter you got. Nothing original was submitted by the class action lawyers and their material was primarily from public records created over time by private lawsuits and the EPA (Environmental Protection Agency)and PC (Pierce County, WA) Health Department Remember those mass mailings get your hair tested FREE.

2) Damage amounts were actually lesser in ZONE ONE as adverse publicity in the local newspaper and mail outs from the PC Health Department depressed the housing market and homes were older tending to be one story with valuation below $100 thousand. Well out in ZONE FIVE added houses were more favorably appraised at a median value of $300 thousand. The houses outside of Ruston greatly outnumbered the 700 residences in Ruston. There was a value added for ZONE ONE but the greatest evaluation to determine claim amounts and determine the size of your check to be mailed was based on the Pierce Count Assessor's valuation. There is I believe one final payout left to be mailed.
A little known factoid: THE RESIDENTS OF RUSTON closest to the SUPERFUND SITE received less than those furthest away! Inexplicably those furthest away received the largest piece of the pie.

3) Here I am a little vague on the total number of supposed original signers. Two numbers were submitted I believe to be about 460 total original signers. One number was about 265 and the other 195 as best I can remember. I pointed out to the presiding federal judge that at $10 thousand dollars each over half of the amount to be distributed would go to these individuals who supposedly contacted the class action lawyers.The Class Action lawyers cleared up the matter and the smaller number was correct as many original signers had withdrawn their signatures obtained under duress. My only victory as the judge in final summation reduced the amount to $5 thousand dollars.

4) When I objected to ZONE FIVE being added and given the lion's share of the settlement proceeds as they received the least contamination one ZONE FIVE resident present objected strenuously that their pollution, real or imagined, was just as great. It is important to stress here testing was for LEAD also which had been poisoning the atmosphere from leaded gasoline for many years but Asarco was held totally responsible for cleanup and damages. In final comment time I pointed out to the judge that the shovels used in ZONE ONE cleanup were clam shovels 20 feet long and arrived on flatbed trucks and ZONE FIVE garden shovels used would arrive in pickup trucks.

5) It is important here to note the people in the courtroom at this hearing to determine the validity of the lawsuit. ASARCO had two lawyers who solely concentrated on the expenditures submitted by the CLASS ACTION lawyers. There were two CLASS ACTION lawyers whose sole aim seemed to be expanding the lawsuit as far as they could get away with and excluding members who had withdrawn and wanted to return. There were about five spectators but not a one, not one, from RUSTON supporting ZONE ONE. I was there from TACOMA remember the EPA had me in ZONE FOUR. The others who supposedly drove over from Tacoma and paid the high parking fee I think were brought by the class action lawyers as shills.

6) In his SUMMARY the federal judge (I forgot his name) did reduce the immediate payout to original signers by half and reinstated those who had withdrawn and wanted to return. As to the unnatural zones and unfair amounts to be distributed I felt a sympathy but the final sentence "I cannot litigate this from the bench" sealed our fate and it was left to the Seattle lawyers to determine.

So in CLOSING I remained living across the street from Asarco for another 20 years but to date at 75 years of age I have yet to determine any ill effects from the Smelter. My Dad who lived his entire 90 years two blocks from the stack and the plant never suffered any either. But in the deep mind stretches of the BUREAUCRATS and LAWYERS evil things exist where money is to be made. Did I mention my father also operated his own neon sign shop where, outside of his bare hands, the only material he could use to bend the red hot glass was ASBESTOS. So much for goblins.

But the irrational fear generated by the newspapers, bureaucrats and lawyers is VERY REAL and much more damaging than REALITY. Remember the pillow case covered in dust. One pronounced Tacoma advocate on the Ruston council continues to spread these rumors and quotes Jobs for Justice apparently ignoring the fact that his father in-law retired from the smelter and those "hideous buildings" helped put his wife through a fine University obtaining a Masters Degree I do believe. Talk to your wife first and you may save yourself a lot of embarrassment later.

So, believe what you want, but deep meditation and some fact checking might spare you from any irrational fear. If they tell you different tell them I spent my first formative ten years playing in the supposed contaminated dirt so I know a little about the situation. In fact, in those years (1930s) the only doctor available in emergencies was on site at Asarco and to their expertise I can attest and am thankful for the 19 stitches reattaching my left index finger. My wood chopping days ended early on.

Any Ruston stories interviews please contact me as this BLOG is slowly converting to historical facts and stories about Ruston. One can only take so much same o' same o' (same old story) in the Town Council

James Wingard
1851 N. Hawthorne Dr.
Tacoma WA 98406-1917
(253) 752-4241 home
(253) 227-4321 cell
jimwingard@harbornet.com
http://rustoninsider.blogspot.com/

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