A recently released memo reveals that city officials were aware of the risks posed by toxins in the aftermath of the September 11, 2001 attacks—weeks before they told New Yorkers it was safe to return to Lower Manhattan.
City Council President Julie Menin and Councilwoman Gale Brewer (D-Manhattan) made public an October 2001 memorandum. In it, attorneys for New York City acknowledged the potential for tens of thousands of lawsuits from individuals exposed to toxins after being advised to return to the area around Ground Zero prematurely.
The City Attorney’s Office noted that “Health advisories have resulted in individuals returning to the area too soon (resulting in toxic exposure and psychological harm) or too late (leading to economic hardship).” This was directed to Bob Harding, who was Deputy Mayor for Economic Development under Mayor Rudy Giuliani.
Menin expressed her outrage outside City Hall, emphasizing that the city has failed its duty to inform first responders and residents that the air is safe for breathing. As someone who owned a small business in the Financial District during the attacks, she remarked, “This is truly shocking. It’s shameful that the city kept this information under wraps.”
The memo doesn’t explicitly state the city knew that the air was still contaminated when it reassured residents. However, it outlined a potential “risk assessment” that may face up to 10,000 claims from residents over respiratory issues related to contaminants like metals and asbestos, according to Menin.
A staggering nearly 50,000 first responders and others have since been diagnosed with 9/11-related cancers.
This so-called “Harding memo” was first mentioned in journalist Wayne Barrett’s 2006 book “The Grand Illusion,” though it wasn’t clear how he had received it. Last week, pro bono lawyers for 9/11 victims at the University of Texas found the memo while reviewing Barrett’s estate after they agreed to sift through 300 boxes of his papers.
Initially, the university told these lawyers there were no records, but they found the memo while investigating in January.
Andrew Carboy, a lawyer for victims, expressed his disbelief: “It’s outrageous. The state of Texas is revealing more about what the city knew than the mayor’s office has for decades.”
The memo’s release aligns with a broader initiative to secure public records surrounding the September 11 attacks. Victims’ lawyers noted that the city had previously resisted releasing its own toxin records, stating at one point that they didn’t exist, but changed their stance following a Department of Investigation probe by Brewer, which uncovered 68 boxes of health documents related to 9/11.
City officials and victims’ lawyers are now urging Mayor Zoran Mamdani to invest $3 million in a project that aims to uncover and publicly share these records.
“It’s time for the mayor to step up and deliver the rights and information to those who need it,” said Thomas Hart, director of 9/11 Health Watch.
Menin and Brewer mentioned that the new city attorney, Steve Banks, has indicated a willingness to pursue these efforts in his recent confirmation hearing.
Former Mayor Eric Adams had previously resisted disclosing hidden documents regarding alleged cover-ups unless the city was granted immunity from lawsuits.
Congressman Dan Goldman commented from City Hall, “Given this memo, there’s much more to learn from those 68 boxes. It is disgusting that financial concerns have governed New York City’s actions for 25 years.”
