Sun Sentinel Palm Beach Edition
City settles ‘Baby Wingate’ suit
Fort Lauderdale to pay $18 million over incinerator that spewed toxins into predominantly black neighborhood
FORT LAUDERDALE – It was poison ground, where children played and backyard gardens grew and toxic ash filled the air.
And now, 13 years after residents in the predominantly black neighborhood struck back with a lawsuit against the city, Fort Lauderdale is finally ready to make reparations for a municipal incinerator that began spewing contaminants a century ago.
Settling the “Baby Wingate” lawsuit will cost taxpayers $18 million — a far cry from the $150 million demanded at one point by 182 named plaintiffs. Fort Lauderdale has already spent more than $5 million fighting the lawsuit.
On Tuesday night, the city commission gave unanimous approval to the $18 million settlement.
“This city’s been kicking this issue around for more than two decades,” Mayor Dean Trantalis said before the vote. “The buck stops here with this commission.
It’s time these people get paid for the loss they suffered.”
Here’s how we got here: Long ago, between the 1920s and 1950s, Fort Lauderdale operated a municipal incinerator that burned garbage, sending toxic ash through the air. That ash settled in the soil, leaving it contaminated with arsenic, dioxin and lead.
In 1961, Walter “Mickey” Hinton and wife Joan moved into their home in the Durrs neighborhood in northwest Fort Lauderdale, a stone’s throw from where the incinerator blew its ash.
Fort Lauderdale operated the incinerator until
the 1950s, dumping toxic ash on land across the street. That land later became Lincoln Park, a neighborhood gathering spot in the 1900 block of Sistrunk Boulevard where children played.
The Hintons say their chronic health issues were caused by the toxic waste from the incinerator that stood a mere 150 feet from their home.
Mickey Hinton still suffers from seizures to this day. And his wife lives with intestinal problems not corrected by more than a dozen surgeries. Both of their daughters were diagnosed with cancer. One died in 2010 at age 52.
Residents began referring to the site as “Baby Wingate,” a reference to the Wingate Superfund site that poisoned the ground at another city incinerator in northwest Fort Lauderdale. The Wingate site required millions of dollars in cleanup. Hinton has dogged city officials about the contaminants for nearly 20 years.
In 2007, he was quoted in the South Florida Sun Sentinel saying: “I’m getting old. And I’m tired. But I’m still not giving up.”
Thirteen years later, Hinton and more than 180 plaintiffs will finally be able to put the matter to rest.
It will be up to a special master to distribute the money to each plaintiff, City Attorney Alain Boileau told the commission.
“The city’s role in this is simply to pay out this money,” Boileau said. “Once we pay the money over to the plaintiffs’ counsels and the plaintiffs, those funds would be administered by a special master.”
Reginald Clyne, attorney for the plaintiffs, said some of his clients don’t know yet about the settlement. But those who do are pleased, including the Hinton family.
“I think we’re all happy that this new administration has taken a proactive stance and is helping the residents in the Durrs neighborhood,” Clyne said. “I think it’s a fair settlement.”
The amount of damages paid to each plaintiff will be based on the severity of their illness, Clyne said.
“If you died of cancer, your family would get more money,” he said.
A judge still has to approve the settlement and the appointment of a special master.
Clyne said his clients likely would receive their settlement money in a couple months.
On Tuesday night, Commissioner Robert McKinzie praised the city for finally making things right.
“It’s been a long journey,” said McKinzie, whose district includes the Durrs neighborhood. “And I thank staff for all they’ve done and the commission for doing the right thing.”