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    Maui is suing cellphone companies because they didn't deliver wildfire warning alerts during service outages

    By John ArcadipaneMay 2, 2024 5 Mins Read
    – 202405Hawaii Wildfires Cellphones 46146
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    By JENNIFER SINCO KELLEHER (Associated Press)

    HONOLULU (AP) — Had emergency responders known during last summer’s deadly Maui wildfires that cellphones were not working, they would have used other ways to warn about the disaster, county officials said in a lawsuit. Maui officials failed to activate systems that would have warned everyone about the approaching flames. This raises questions about whether everything was done to alert the public in a state with an elaborate emergency warning system for various dangers including wars, volcanoes, hurricanes and wildfires.Major cellular carriers were negligent in failing to properly inform Maui police of widespread service outages, county officials said in the lawsuit filed Wednesday against Verizon Wireless, T-Mobile USA, Spectrum Mobile and AT&T.

    “We continue to stand with the Maui community as it heals from the tragic fires, but these claims are baseless,” T-Mobile said in a statement Thursday. “T-Mobile broadcasted wireless emergency alerts to customers while sites remained operational, promptly sent required outage notifications, and quickly contacted state and local emergency agencies and services.”

    A Spectrum representative declined to comment, and the other carriers didn’t immediately respond to an email from The Associated Press seeking comment. sirens The historical town of Lahaina was heavily affected by the wildfire that killed 101 people and many lawsuits have been filed since then.

    Maui County is a defendant in multiple lawsuits over its emergency response during the fires. The county is also suing the Hawaiian Electric Company, saying the utility negligently failed to shut off power despite exceptionally high winds and dry conditions. In its latest legal action, lawyers for the county say if the county is found liable for damages, then the cell carriers’ “conduct substantially contributed to the damages” against the county. “On August 8 and August 9, 2023, while the County’s courageous first responders battled fires across the island and worked to provide first aid and evacuate individuals to safety, the County notified those in the vicinity of danger through numerous alerts and warnings, including through direct text messaging to individual cell phones,” the lawsuit said.

    The county sent at least 14 alert messages to cellphones, warning residents to evacuate, the lawsuit said. The county later discovered all 21 cell towers serving West Maui, including in Lahaina, experienced total failure.

    “As of the date of this filing, the Cell Carriers still have not reported to the County the true extent and reach of the cell service outages on August 8 and August 9, 2023, as they are mandated to do under federal law,” the lawsuit said. “Had the Cell Carriers accurately reported to the County the complete and widespread failure of dozens of cell sites across the island as they were mandated to do by law, the County would have utilized different methods in its disaster and warning response.”

    Maui County is taking legal action against big cell phone companies for not notifying police about widespread service failures during last summer's severe wildfire. The county is suing Verizon Wireless, T-Mobile USA, Spectrum Mobile and AT&T. At least 14 warning messages were sent to cellphones, advising people to evacuate. However, the county was unaware that these messages were not delivered due to cell tower problems throughout the island. According to the lawsuit, the county would have used different ways to alert people if the companies had followed the law and reported the service failures.

    Maui County is a defendant in multiple lawsuits over its emergency response during the fires. The county is also suing the Hawaiian Electric Company, saying the utility negligently failed to shut off power despite exceptionally high winds and dry conditions.

    In Maui’s latest legal action, lawyers for the county say if the county is found liable for damages, then the cell carriers’ “conduct substantially contributed to the damages” against the county.

    “On August 8 and August 9, 2023, while the County’s courageous first responders battled fires across the island and worked to provide first aid and evacuate individuals to safety, the County notified those in the vicinity of danger through numerous alerts and warnings, including through direct text messaging to individual cell phones,” the lawsuit said.

    The county sent at least 14 alert messages to cellphones, warning residents to evacuate, the lawsuit said. The county later discovered all 21 cell towers serving West Maui, including in Lahaina, experienced total failure.

    “As of the date of this filing, the Cell Carriers still have not reported to the County the true extent and reach of the cell service outages on August 8 and August 9, 2023, as they are mandated to do under federal law,” the lawsuit said. “Had the Cell Carriers accurately reported to the County the complete and widespread failure of dozens of cell sites across the island as they were mandated to do by law, the County would have utilized different methods in its disaster and warning response.”

    John Arcadipane

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