SAFE Looks Into Filing Class-Action Lawsuit In Future

by Alysha Sideman

  A local airport watchdog group is looking to sue the aviation industry for the harm it believes planes are causing to residents who live near airports.

  SAFE (Sane Aviation For Everyone) has decided to follow in the footsteps of similar lawsuits brought against the tobacco company and other big businesses in order to find where accountability lies.

  "This country was founded by the people, of the people, for the people. Now this country seems to be founded by business, of business, for business," said Dr. Alan Greene, of Howard Beach, SAFE vice president for goviernment affairs.

  Plagued by noise and air pollution from nearby LaGuardia and Kennedy Airports, residents have been asking the industry to be a good neighbor for years. Many bills have been proposed to reduce flights but have never been passed.

  Inquiries by the public to have planes rerouted over water, or less populated areas, have also proved futile, Dr. Greene said.

  The vice president added that a law firm in Manhattan, which he called one of the top advocates for class-action lawsuits on the East Coast, is interested in taking the case. The firm has defended many clients suffering from asbestos poisoning.

  SAFE members must now prepare written statements for the firm. The group is asking residents who have been harmed by the airports to join the cause and write letters to: Dr. Allan Greene, SAFE, POB 183, Howard Beach, NY 11414.

  "There is a takeoff or landing every 90 seconds," Dr. Greene said.– "Anyone who believes the airports have caused you to lose sleep, have emotional distress, damage your homes, lower your real estate value, or has incited asthma, cancer, emphysema and other diseases should get involved."

  Dr. Greene added that the group has been in contact with other aviation watchdog groups across the country including Illinois, Arizona, Washington and Maryland.

  The group hopes other civics in the area will join the lawsuit and is looking into making it a national effort.

  Dr. Frans Verhagen, of Rego Park, president of SAFE, explained why it took so long to initiate a lawsuit.

  "It is so complicated. We're up against a major industry that is protected by the federal government," Dr. Verhagen said.

  "In order to receive compensation, people everywhere have to come forward."

  Dr. Verhagen said that there are at least six lawsuits against the aviation industry being pursued nationwide.

  "There are emission regulations in almost every business except the airline industry. It is because it is not a mature industry," he said.

  "If it were, it would pay for the expenses people have incurred. It would.have noise- abatement measures and health measures."

  Dr. Verhagen believes it is only a matter of time before the airline industry is held accountable for its actions. He said many politicians are favoring getting legislation enacted.

  According to SAFE figures, about 30 percent of the pollution in Queens is due to the two local airports. And while the aviation industry says that it contributes to only one percent of the country's pollution, SAFE said that number is manipulated to the industry's advantage.

  "The numbers change when you consider the state of Wyoming, then Queens where the population is denser in a county with two airports," Dr. Verhagen said.

  Jim English, who is a member of SAFE and is the president of the Rosedale Civic Association, has tried to fight the aviation -industry before. In 1996, his civic was working with a law firm to sue the industry for the decline of property values in the area. The 600 families who belong to the group eachagreed to pay $250 to cover legal expenses.

  The lawsuit, however, was crushed before it had the chance to proceed.

  "We could not come to a common understanding (with the law firm) on how the retainer should be worded. We did not feel secure with the financial responsibility of the families," English said.

  SAFE has expressed interest in teaming up with the active civic. But English said its focus may be too broad and that there may not have been enough studies to back up claims.

  "SAFE's focus needs to be refined and more practical. Filing a lawsuit on general health is hard. You need many statistics to back you up.

  "I would need to see the retainer agreement first," English said.

  He added that suing for disturbing quality of life and property-value decline may be a better, more focused route to go.

  But in Europe studies have been done that documented a greater risk of heart attacks among those people exposed to excessive noise.

  Other reports in this country have proved that jet fuel causes cancer and neurological problems. Furthermore, a study conducted by the Department of Microbiology and Immunology at the University of Arizona revealed that chronic exposure to jet fuel has been shown to cause human liver dysfunction, emotional dysfunction and shortened attention span.

  Other studies show that the areas around the airports have the highest number of asth- ma sufferers. Dr. Greene added that cases in Washington state have showed that those near an airport suffer from frequent sinus headaches.

  "But when they go to the country, the headache is gone. When they return, so does the headache."

  He added that there was a study done which revealed that a certain kind of brain tumor, gliablastoma, is more prevalent in people who live near airports.

  SAFE has been in existence since July 1994. Many of the members have been fight- ing the airports since the 1960s and were part of a movement to limit the Concorde flights at JFK Airport. Members were able to get the government to reduce the number of British Airways and Air France Concorde flights to only three a day.

  The group has worked to have the Department of Health conduct a cancer-clus- ter study and is still working for the passage of the Bubble Bill and against the Air Transportation Improvement Act, which would expand the airports.

  The Bubble Bill would measure the pollution over the length of the airport. At press time, Arlene Salac, spokesperson for the Federal Aviation Administration said she could not comment on a pending lawsuit. Port Authority spokesman Bill Cahill also said that he would not be able to respond until he sees the lawsuit.