Restraining order keeps BISD out of mold-infested schools

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Restraining order keeps BISD out of mold-infested schools

BY CRISELDA VALDEZ

THE BROWNSVILLE HERALD

The Brownsville Independent School District was barred Thursday from

painting, " altering, cleaning, changing the nature or character, destroying

and/or removing any physical evidence at either Besteiro Middle School or

Aiken Elementary. "

State District Judge Migdalia issued a temporary retraining order

against the school district Thursday afternoon. , of the 197th District

Court, also set a date for a hearing for temporary injunction.

BISD officials were not available for comment Thursday afternoon.

Zavaletta, the plaintiffs' lawyer in a lawsuit pitting more than 500

teachers, staff and students against contractors and developers for the two

schools, sought the restraining order based on photographs taken at the

schools Feb. 12 and two affidavits submitted to Zavaletta on Feb. 13.

BISD is not named in the suit, but the restraining order prohibits district

workers from performing work on the facility. Maintenance personnel had been

painting in the building, according to court records.

District officials closed the two schools to students and staff in January

to test the facilities for mold concentrations and for any cleanups that

would follow.

Court records show that in requesting a restraining order, Zavaletta claimed

BISD " altered or destroyed important physical evidence, which may have

compromised the integrity of testing that has occurred and that likely will

continue to occur " at Aiken and Besteiro.

The restraining order, issued at 1:30 p.m. Thursday, states that there is

evidence that BISD " painted substantial portions of Besteiro, a school the

subject of pending litigation, where the prevalence and extent of mold and

fungi growth at said school may be in dispute. "

The order further states that " harm is imminent, and if the court does not

issue the temporary retraining order Plaintiffs will be irreparably harmed

in that such actions by BISD is allowed to continue, may compromise or

further compromise the integrity of empirical testing that has occurred and

that likely will continue to occur. "

The joined Southmost-area buildings remain closed while the district works

with local and state agencies to test air quality and screen mold samples

collected from various surfaces inside the structures.

Mold was first discovered at the schools around 1999 and has been a

recurring problem - most recently displacing more than 1,800 students and

dozens of teachers while the buildings are cleaned of mold.

Most of the students are attending classes in portables at other campuses

around the city.

http://www.brownsvilleherald.com/sections/archive/topstoryjmp/2-15-02/News1.

htm