Judge closes parts of Miami courthouse due to mold infestation

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Judge closes parts of Miami courthouse due to mold infestation

Posted on Tue, Feb. 26, 2008

Miami Herald, Miami, FL*

By CURT ANDERSON

AP Legal Affairs Writer

http://www.miamiherald.com/775/story/434476.html

MIAMI -- A federal judge has closed portions of Miami's historic

downtown courthouse after a new U.S. Public Health Service report

identified widespread mold infestation and ongoing water leaks, with

one part of the basement termed " disgusting " by inspectors.

U.S. District Judge Federico Moreno, the chief judge in Florida's

Southern District, said in a memo that parts of the basement that

house court records and a stairwell used by judges were being closed

until further notice.

" The new steps we are taking may in fact be premature without

further microbial testing, but nonetheless we intend to err on the

side of caution, " Moreno said in the memo dated Friday and obtained

Tuesday by The Associated Press.

Moreno took action after receiving last week a new Public Health

Service study, which found mold throughout the 166,000-square-foot

building that opened in 1933. Known officially as the W. Dyer

building, the courthouse is one of several in Miami's downtown

federal judicial complex.

Across the street, a new 14-story courthouse sits unused, more than

$60 million over budget and three years behind schedule. Electrical

problems, hurricane damage and contractor disputes are blamed for

the delay, which shows no sign of ending.

In the Dyer building, inspectors " observed multiple signs of suspect

microbial growth and/or water damaged building materials, " the

Public Health Service report stated.

Employees have repeatedly complained about such health problems as

sneezing, coughing, runny noses and lung irritation, as well as

musty odors and water leaks. One law clerk in a second-floor office

works from home because of " poor indoor air quality and mold, " the

report said.

Particular attention was paid to the chambers and courtroom formerly

used by U.S. Magistrate Judge Theodore Klein, who died in 2006 from

a respiratory illness. The report found " light to moderate " mold

growth on the walls of the courtroom - which is kept locked - around

air vents and behind wallpaper.

Klein's children have hired a local law firm to investigate possible

links between the mold and his death. An inspection commissioned by

attorney Alan Goldfarb was done earlier this month, but results are

not yet complete.

In his memo, Moreno urged employees who have health concerns

to " consult your physician and follow that physician's advice. "

The report also found:

-A basement sump pump room " is disgusting, " has no ventilation

and " is infested with pests. "

-A leaking toilet above basement space used as a gym by the U.S.

Marshals Service has caused suspected mold growth on walls and

elsewhere.

-Tests revealed a " significant fungal presence " in the basement

records room, where previously recommended remedial work was never

done. Court personnel have had to wear protective gear while in the

room, including coveralls, gloves and a respirator. Water damage is

present in an area where classified documents are kept.

-A stairwell leading to the magistrate judges' courtrooms has

visible mold on the walls.

The Public Health Service report made 12 recommendations for fixing

the mold problem, including repairing numerous water leaks, cleaning

air ducts and furniture, replacing damaged ceiling tiles and carpets

and throwing out unnecessary contaminated files.

The report said some of the work should be done " when the building

occupants are not present. " But it did not recommend closing the

entire courthouse.

Moreno said in his memo that an " action plan " was being developed to

deal with the mold issue. The building's owner, the U.S. General

Services Administration, issued a statement saying it was reviewing

the latest mold report.