BIRMINGHAM, Ala. (WBRC) – Two former members of the Birmingham Water Works Board (BWWB) filed a federal lawsuit Friday against Gov. Kay Ivey, Lt. Gov. Will Ainsworth, state lawmakers, and county commissioners from Jefferson, Shelby and Blount counties, claiming the state unconstitutionally seized control of the water utility from Birmingham ratepayers and property owners who built and funded it over 75 years.
The complaint, filed Feb. 20, in U.S. District Court for the Northern District of Alabama, names former Gov. Robert Bentley and state Sens. Jabo Waggoner and Dan Roberts as defendants as well, and seeks more than $1.6 billion in compensation along with an injunction that would restore the board to its previous composition.
What the lawsuit claims
Plaintiffs William Muhammad and Brenda Lewis, both former board members appointed by the Birmingham City Council, argue that the BWWB — now operating as Central Alabama Water (CAW)— is not a government agency but a privately incorporated public benefit corporation formed in 1950 by three individual Birmingham citizens under state law.
Because it was formed by private individuals — not the government — the lawsuit argues the corporation’s charter is protected from state interference under the U.S. Constitution’s Contract Clause, the Fifth Amendment’s takings clause, and the Fourteenth Amendment’s equal protection and due process guarantees…