A US federal appeals court has ruled that residents of Jackson, Mississippi, do not have a federal constitutional right to clean water under the right to bodily integrity, upholding the dismissal of a lawsuit brought by residents who alleged that city officials knowingly exposed them to lead-contaminated water.
The US Court of Appeals for the Fifth Circuit upheld the dismissal of the 2022 lawsuit, in which Jackson residents accused city officials of ignoring warning signs and allowing residents to drink water containing dangerous levels of lead, says MoneyWise.
The plaintiffs argued that the city’s handling of its troubled water system violated their constitutional right to bodily integrity. But the court rejected that argument, ruling that the constitutional protection does not extend to protection from contaminated drinking water.
Judge Kurt Engelhardt wrote that the right to bodily integrity has historically applied to severe violations, including sexual assault by police officers and forced medical treatment. Such cases are “wholly different” from the city’s mismanagement of its water system, he wrote.
The court expressed sympathy for the residents’ injuries and acknowledged “serious government misfeasance”, but said the federal Constitution does not provide a remedy for their claims.
Residents can instead pursue tort claims against the city, elect different local officials or petition state and federal representatives for other solutions, the court said.
State protections vary
The ruling comes as some US states provide constitutional protections for access to clean water and air, even though no such right is guaranteed by the US Constitution.
Massachusetts has guaranteed a right to clean air and water since 1972, while New York added a similar provision to its state constitution in 2021.
Jackson’s water system remains in need of significant upgrades. Residents, meanwhile, are facing higher water bills as the city works to address the system’s problems.
Customer rates increased by nearly 12% on average earlier this year, or about $8.88 per month. The city may need to impose an additional 10% increase next spring, according to the information provided.
Jackson Mayor John Horhn welcomed the court’s decision, saying the city remains committed to residents’ health and safety as it works with partners to strengthen the water system.
