Does the elevator in Southern High School’s Building 1000 work yet, and is it safe for students who depend on it?

At the start of the new school year, it apparently did not, prompting the Guam Legal Services Corporation Disability Law Center to file legal action in District Court.

“We sought the court’s reconsideration of the denial of our preliminary injunction based upon the elevator not passing inspection by a qualified elevator inspector,” said GLSC-DLC Attorney Daniel Somerfleck.

But Friday, Executive Director Daniel Somerfleck told KUAM the court did not grant that motion, with the Guam Department of Education making this argument.

“They said, ‘Oh well—we got the elevator fixed. We should be able to get a regular permit, and we should be getting a conditional permit until the inspector can come,’” added Somerfleck.

GDOE confirmed with KUAM News that, as of Monday, the elevator is operational and awaiting re-inspection by the Department of Public Works.

“Public works need to give them a permit, still. Honestly…until the elevator has been inspected by the QEI—I wouldn’t ride it. The inspector who is able to say Is this safe or isn’t this safe,” said Somerfleck.

As KUAM previously reported, legal filings show GLSC-DLC claimed GDOE’s conditional permit for the elevator was revoked on Aug. 8, with a subsequent inspection flagging 60 deficiencies.

“One of the things that came out in the court hearing was–how do you issue a permit without an inspection, and our code doesn’t provide for issuing a permit–but the court interpreted it does allow for them to seek a variance—even though it won’t issue a permit, it may issue a conditional permit. Which is kind of a gray area,” said Somerfleck.

He adds, GDOE is slated to submit a status report on the elevator to the court.

Meanwhile, Somerfleck raises a broader concern: Why must legal action be necessary before problems get fixed?

He now waits for the QEI’s next inspection and the final word on whether the elevator isn’t just working but is safe.