For seven years, Teresa Cruz and Rita García have fought against an illegal garbage dump located just a few blocks from their homes in the Segunda Ampliación Santiago Acahualtepec neighborhood of Iztapalapa. Last June, a judge ruled in their favor and ordered the borough government to remove the accumulated waste and implement a formal garbage collection program.
However, the Iztapalapa Mayor’s Office has filed an appeal against the ruling. In its defense, the local government argues that the dump “does not exist” and that the plaintiffs failed to provide legal proof that they are residents of the affected street.
Alfonso González May, legal director of the Iztapalapa Mayor’s Office, confirmed in an interview that they were notified of the lawsuit on May 30, 2024, and that the judge ruled in favor of the residents.
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“The judge ruled in their favor, but we requested a review of the sentence. The process is ongoing. It’s part of the legal procedure,” González May told La Silla Rota.
According to the official, the borough’s main argument in the appeal is that the complainants did not legally prove their residence on the street in question and therefore lack legal standing to file the lawsuit.
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“They did not submit any document proving that they live in or own a property on that street or in that neighborhood,” said González May. “At least not in the original complaint.”
In contrast, attorney Alejandro Martínez, from the National Council for Strategic Litigation and legal representative of the residents, rejected that claim, stating that proof of residence was indeed submitted.
“We presented two electricity bills—one for each complainant—to prove that they lived on the street where the illegal dump is located. That evidence is part of the court file,” Martínez told La Silla Rota.
Martínez argued that the borough’s strategy aims to “plant doubt” before higher courts but said the defense remains confident. “We refer to this evidence in the statements we filed in response to the borough’s appeal,” he said.
Borough Denies Operating the Garbage Dump
The Iztapalapa Mayor’s Office also denies that the garbage dump is operated by its personnel. González May said that after an internal inspection, the borough determined that its sanitation workers were not the ones using Flor Marina Street as a dumping site.
This claim contrasts with field observations by La Silla Rota, which recorded individuals wearing orange uniforms and burgundy vests—colors typically used by borough sanitation staff—handling waste at the site.
“There are many ways people get those uniforms, but we verified that they weren’t ours,” González May said. “When we see garbage piling up, we collect it, just as we do at other illegal dumping spots.”
He attributed the garbage accumulation to local residents who dump waste in the area and to a private truck that picks it up. He added that the borough has taken action to sanction those responsible.
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“We’re coordinating with the Environmental Secretariat to penalize these unofficial vehicles that collect garbage. Together with the Citizen Security Secretariat, we’ve also made arrests for illegal dumping in public spaces,” he stated.
According to González May, over 100 people have been referred to the civic court for this administrative offense during the current administration.
Regarding cleanup efforts, the borough maintains that daily patrols are conducted to keep the streets clean, including in Segunda Ampliación Santiago Acahualtepec, where the complainants live.
“We’re carrying out inspections on a daily and permanent basis, as in other areas of the borough,” González May said.
“The Dump Does Exist,” Residents’ Lawyer Insists
Attorney Alejandro Martínez also rejected the borough’s claim that the dump does not exist. He recalled that the court itself conducted a physical inspection of the site, confirmed the presence of the dump, and issued a ruling ordering the borough to:
Guarantee public sanitation and garbage collection services in the area.
Develop a program with defined routes, schedules, and frequencies for garbage pickup.
Remove the accumulated waste at the corner of Flor Marina and Primavera Streets, establish a proper waste disposal and sorting site, and inform local residents about it.
“They claim they haven’t violated the ruling and that there isn’t even a dump. But the case file contains over 30 photographs and a judicial inspection proving otherwise,” Martínez explained.
According to the lawyer, the appeal was filed three weeks ago and will be reviewed by a federal appellate court composed of three magistrates. The process could take up to six months.
“During that time, the situation on the street remains unchanged. The residents continue living with the garbage every single day,” he said.
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