Texas flooding: State officials face lawsuit from families over Camp Mystic licensing

Camp Mystic families sue Texas DSHS

The families of nine killed at Camp Mystic during the July 4th floods have filed suit against the Texas Department of State Health Services, saying that the department should not have licensed the camp without a written evacuation plan per state law.

AUSTIN, Texas - A new lawsuit has been filed in connection with the deaths at Camp Mystic during the devastating flooding that hit Central Texas last July.

The lawsuit was filed in federal court Monday on behalf of the parents of nine of the 27 campers and counselors who died in the flood.

RELATED COVERAGE: Texas flooding: Missing Camp Mystic child's parents file suit to stop reopening

New lawsuit filed connected to Camp Mystic flood deaths

A new lawsuit has been filed in relation to the Texas floods that killed 27 campers and counselors. FOX 4's Peyton Yager has more.

What we know:

The lawsuit names six officials with the Texas Department of State Health Services as codefendants, including DSHS Commissioner Jennifer Shuford and five others directly involved in camp oversight and inspection.

The suit alleges that DSHS licensed the nearly century-old camp "despite its failure to comply with state law requiring youth camps to maintain a written and posted evacuation plan for each building," according to a release from the law firm representing the families.

The complaint says that DSHS inspected and licensed Camp Mystic annually, including just two days before the deadly flood, and alleges that the six named officials knowingly licensed the camp despite it not having that legally required evacuation plan.

Under Texas law, DSHS must ensure youth camps have a written disaster plan that includes evacuation procedures for each occupied building before issuing a license, says the law firm.

Read the full complaint below:

According to the law firm, Camp Mystic's license has not been revoked and is still valid through March 6. The camp has also announced plans to reopen this summer despite one camper still being missing.

Attorney representing families speaks on lawsuit

What they're saying:

Richard Mithoff, who is also representing the nine families in this lawsuit, spoke with FOX 7 Austin's Jenna King.

"This tragedy was avoidable. This tragedy was avoidable," said Mithoff. 

"They were charged with responsibility in a number of ways, but primarily and first and foremost for this case, they were charged with responsibility to make sure that there was a good and sound evacuation policy in place," said Mithoff.

Instead, the lawsuit claims Camp Mystic’s emergency instructions instructed campers to stay inside their cabins during a flood, including cabins in designated flood zones. The filing describes that policy as an anti-evacuation plan.

"The cabins in fact turned out to be death traps because the children were told to stay in the cabin and the instructors were told to stay in the cabin. The children did what they were told to do, the counselors did what they were trained to do," said Mithoff.

The suit argues that by failing to enforce state safety requirements, DSHS officials "consciously and recklessly" endangered the children the laws were designed to protect.

"The counselors, if they had walkie-talkies or iPhones, could have in touch with the leadership of the camp and said, okay, the water is now coming into the cabin. We need instructions. And they could have easily been. Lasted over a two-hour period, they could have easily been moved uphill, uphill maybe 60 yards, and they would be alive today. They would be alive today," said Mithoff.

The other side:

When asked, DSHS told FOX 7 Austin it does not comment on pending litigation.

Multiple lawsuits filed in connection with Camp Mystic

Big picture view:

This latest lawsuit comes just weeks after the parents of Cecilia "Cile" Steward filed suit in Travis County to stop Camp Mystic from reopening. Cile is still missing more than seven months after the flood. 

The Stewards' lawsuit outlined what happened before and after the flooding that led to the death of their daughter. It also claims that, despite explicit warnings, the Eastland family did nothing to improve its flood vulnerability or evacuate the children before it was too late.

RELATED COVERAGE

• Dallas family files the 2nd lawsuit against Camp Mystic after Central Texas flood killed 27
• 'Heaven's 27' parents file lawsuit against Camp Mystic, claiming 'gross negligence'
• 6 more families sue Camp Mystic for allegedly ignoring flood warnings

Multiple other lawsuits have been filed against Camp Mystic following the flooding, all claiming gross negligence and reckless disregard for safety, as well as alleging that the camp and its owners ignored weather warnings and ordered campers to stay inside cabins as floodwaters rose.