Two residents of the Windermere Court Apartments have filed a class action lawsuit against the building’s owners and management.

The suit claims that the tenants of the building at 48th and Walnut suffered economic losses and emotional distress because of the “negiligence, carelessness and/or recklessness” of the building’s management company, Windermere Court Management Corp., and its owners, David and Sam Ginsberg. Specifically, the suit alleges that the building was not equipped with proper fire detection and suppression equipment – things like smoke alarms and sprinklers – and that the management failed to inspect the building regularly to ensure that it complied with fire codes.

The plaintiffs in the case are Theodore Schall, who lived in an apartment very close to where the Jan. 10 fire began, and John Brendan (J.B) Farley, who has been a key organizer of the recent protests to allow residents to enter the building to retrieve their pets and belongings.

All the residents of the building have been named int he lawsuit and it is their choice whether to opt out.

As the lawsuit was filed today, residents lined up at the building to be given garbage bags with belongings from the apartments. Each resident who arrived at the building today was asked to list the items they wanted from their apartment. The items had to fit in two large garbage bags. Residents were escorted one-by-one through a gate to claim their belongings.

The demolition of the building is set to begin tomorrow.

Protesters stand near a backhoe on Monday to prevent it from being used to begin demolition of the Windermere Court Apartments. (Photo by Daniel Brown, Wide Eyed Pictures)

The story of the Windermere Court residents and their fight to get back into their building has touched a nerve with many of us. It has gone from a story about saving pets and belongings to a story about justice and the struggle of regular people against a large bureaucratic machine.

There are no street demonstrations today, but the rally is continuing. The demolition was put on hold until tomorrow, but residents have still not been granted permission to enter. Maybe now is a good time for reflection as we wait for more news. Filmmaker Daniel Brown and his production company Wide Eyed Pictures has produced a wonderful documentary on the experience of Windermere Court residents. Please pass this around as it does a great job in helping people understand what is at stake here.

Here’s what Daniel wrote:

I’m so worried about the animals in there. Of course I’m worried about  peoples personal possessions – photo albums, home videos, etc. But to  know that there are living, breathing pets in there who have their own  feelings and emotions – it just kills me. That’s the drive for me to shoot this.

When I go back Wednesday I plan to focus more on the undamaged areas.  I feel the first video shows a lot of the damaged top, and I want people to understand how much of the building is still intact.

What you can do to help:
Write or call the Mayor’s office and register your complaint about the scheduled demolition. The city is reportedly the driving force behind the building being torn down so quickly.

Here is the contact info:
michael.nutter@phila.gov and phone number is 215-686-2181.

Here is Daniel’s piece:

The protests at the Windermere Court Apartments seemed to have worked – for now. The demolition of the building has been put on hold until Wednesday.

Demolition crews began work on the west side of the building on Monday.

A judge is reportedly reviewing the Department of Licenses and Inspections decision to demolish the building before residents have a chance to retrieve their pets and belongings, which were left behind after the Jan. 10 fire.

It’s still not clear if residents or a private contractor or investigator will be allowed to enter the building to assess the possibility of residents legally reentering to assess the damage to their apartments.

Residents who have snuck into the building in the last few days have said that many of the apartments have been looted.

Demolition crews began work today on a large tree on the west side of the building. But late in the afternoon the crane that had started to work was parked quietly near the building.

Here are assorted news reports of the protests: Inquirer CBS NBC ABC

A few protesters from today’s rally camped out on a crane parked nearby that was brought in for the demolition. (Photo by Mike Lyons)

Residents and protesters are back at the Windermere Court Apartments at 48th and Walnut this morning to rally for permission to reenter the building. Unfortunately,  the demolition crews are there too.

Reports come out of the protests now are that the city is pressing for the demolition of the building and that the owners are lobbying to stop it. Several residents who have snuck into the building in recent days to retrieve their belongings have said that many of the apartments have been ransacked by looters.

Former residents want to get into the building to look for lost pets and belongings left behind after the fire. The city has declared the building “imminently unsafe” and the absentee owners, who have not communicated with residents, have ordered the building to be demolished.

Here is an interview with one of the organizers and a former resident, J.B. Farley:

About 150 people gathered outside the Windermere Court Apartments at the intersection of 48th and Walnut Streets this afternoon to call for the building’s owners to let former residents in to gather their belongings and pets left behind after a devastating fire last month.

Protesters blocked the intersection, prompting police to close streets within a block of the building. Demolition of the Windermere Court building is scheduled to begin Monday. The organizers of the protest said they will file a court injunction Monday to stop the demolition until residents are allowed to enter the building to retrieve their belongings and look for pets, mostly cats, that are still missing after the January 10 fire. No one was injured in the fire.

The organizers also called on protesters to return to the building on Monday at 8:45 a.m. to continue the demonstration.

“People’s pets are in there,” said one organizer. “Their family heirlooms are in there. The ashes of their relatives in urns are in there.”

The city Department of Licenses and Inspections (L and I) has deemed the building “imminently dangerous,” which has led to the decision to demolish it. L and I offiicials have said that the owners of the building must decide whether residents can reenter. So far the owner, which residents say is nearly impossible to reach, has not granted that authorization.

The Walnut Hill Community Association has been very helpful to the former residents of the Windermere. Residents have advised us that any call for donations should go to Walnut Hill CA. They have a page set up for donations here.

Councilwoman Jannie Blackwell stood with the protesters. Blackwell has pressed the city on behalf of the former residents.

Here is a slideshow of Saturday’s protest, which lasted from 2 p.m. to about 3 p.m.

Walkout at West Philly High

The Philadelphia Public School Notebook has a thorough piece about the walkout at West Philadelphia High School yesterday. They report that as many as 100 students walked out in protest of constant changes at the school, which was recently declared a “promise academy” by the school district. The designation carries a number of changes, including the dismissal of the entire faculty and the rehiring of a maximum of 50 percent of teachers.

The Philadelphia Inquirer also posted a story yesterday on the walkout.

“I’m appalled at what’s going on,” junior D’Atwan Nelson, a leader of the walkout, told the Inquirer.

Windermere cats video

Philly.com posted a video yesterday on the efforts of the West Philly based feline rescue group City Kitties to rescue cats still inside the Windermere Court Apartments at 48th and Walnut, which was devastated by fire on January 10. Demolition of the building is scheduled to begin Monday.