Parents of nine Camp Mystic girls who died in the flash flood last July have filed an amended federal lawsuit against Texas Department of State Health Services employees tied to the state’s youth camp program, alleging the camp lacked required evacuation planning and that campers were instructed to stay in their cabins during emergencies.
The original complaint was sealed, but an amended complaint was filed May 22 in federal court against DSHS Commissioner Jennifer Shuford and other high-ranking department members. The lawsuit cites a 2015 state law requiring youth camps to include an evacuation plan in their emergency plans and to post those plans in cabins, and alleges staff were aware of the requirement.
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According to the lawsuit, Camp Mystic campers were told not to leave their cabins in case of emergency, which the complaint says violated the law. The amended complaint also alleges the named individual employees ignored 2015 rules requiring youth camps to have evacuation plans, and says Camp Mystic had a policy that campers were not to leave their cabins during an emergency.
The lawsuit also points to a state inspection shortly before the flood. It says DSHS inspector Maricela Zamarripa inspected Camp Mystic on July 2 — two days before the tragedy — and found no violations. The inspection report was filed July 6, two days after the flood. State Rep. Wes Virdell, who represents Kerr County, said the lawsuit may be influencing state leaders to deny Camp Mystic’s attempt to reopen. “DSHS is being sued because they had two days before the flood saying Camp Mystic met all the requirements and signed off on their inspection and so i think they’re also trying to do some damage control for the state for what happened,” Virdell said.
CBS Austin reached out to DSHS for comment on the lawsuit but was told the department does not comment on pending litigation.
Separately, 79 emails sent to the Department of State Health Services opposing the camp reopening were obtained. More than 900 emails were sent before Camp Mystic’s application for a license was denied., most asking DSHS not to allow Camp Mystic to reopen, but some were in favor of it reopening. The messages included letters from Texans with no direct ties to the camp, as well as from friends and family of the girls who died last July, offering a look at how the tragedy has affected them.