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DETROIT — Federal Judge Steven Rhodes, who is overseeing Detroit’s bankruptcy, said Monday that he has no authority to stop the water shutoffs impacting thousands of low-income families in the city.
While reading the ruling in court, Rhodes said, “Chapter 9 strictly limits the courts’ power in bankruptcy case.”
Rhodes noted that plaintiffs in the case, including the National Action Network, Moratorium Now and the Peoples Water Board, never made the case that a long-term moratorium was something he would grant or was necessary.
Rhodes emphasized that he knew how important the six month moratorium was considering the high poverty rate in Detroit. Alice Jennings, a lawyer representing the plaintiffs, said she plans on appealing the judge’s decision. The plaintiffs asked Rhodes to issue a temporary restraining order to halt shutoffs until the city creates a plan that makes water bills more affordable.
Rhodes was asked to issue a restraining order to stop the shutoffs. He said there is no constitutional right to water and that the moratorium would financially impact the Detroit Water and Sewerage Department, which is responsible for issuing the shutoffs.
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