"WTC Families For A Proper Burial" v. NYC was thrown out of court today. The grim, grim, grim lawsuit concerned the non-remains of "approximately 1,100" victims of the World Trade Center attacks who were "utterly consumed into incorporeality." The plaintiffs (they have a website if you're interested) sued the city to "reclaim the finely-sifted residue of the World Trade Center debris at the City's Fresh Kills landfill in Staten Island" and to create a cemetery in some "more suitable" location. (No one likes Staten Island.) The City offered a memorial. The plaintiffs said their Constitutional rights to bury their family members were being violated. Off to court! The 22-page complaint is the grimmest thing you will ever read. Did we say "grim" enough yet? It is. (And, for the interested, the Constitutional complaint was that the City was infringing upon people's right to a religiously appropriate burial. That argument did not work out.) At the risk of outraged hate mail, may I suggest that our culture's obsession with the placement and proper treatment of no-longer-used bodies is, at best, a little weird? (No? I may not?) Even the Judge ends up saying that perhaps this body-reclamation lawsuit, years in the making, might be a misuse of energy and time. Also: he sounds really bummed out by the whole thing. Go figure. GRIM.
In the conclusion, Alvin Hellerstein, U.S. District Judge, wrote in today's decision:
The City has a plan for a beautiful nature preserve and park at the Fresh Kills site. There is room for a memorial on a height with a view of where the Twin Towers stood. The energy applied to this lawsuit might well be transferred to participating in the planning of the park and memorial. What better reverence could there be than a memorial that both recalls those who died, even without leaving a trace, and points to the tenacity and beauty of life that must go on?
Hellerstein even went so far as to say that while the case is now, thank God, over, "the Court will remain open to assist the parties in working towards a suitable solution."
I agree with you about the cultural burial obsession. I feel for the families, but the debris they are suing over is not the bodies of their loved ones. Also, wasn't much of it toxic?
If I may inhere this with more grimitude: I've represented families killed in plane crashes. The long and short: you don't want to know what they'd like to be able to bury. But they do.
I don't understand it, either. But they do, and cling to that with--grim--obsession.
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