The failure to declare a state of emergency after the death of 12-year-old Emery Chalekian left the Encinitas City Council on Wednesday night with an earful from residents.
Before the summer recess, it was the council’s intention to declare a road safety crisis. But at Wednesday’s first meeting back, it was not even on the agenda.
Last April’s car crash on Encinitas Boulevard that resulted in the collateral death of Emery, who was in the cross walk, broke the hearts of family and the community.
“We believe that her life and the way it ended should not be forgotten,” mother Bridget Chalekian said.
Bridget Chalekian and father John Chalekian joined others Wednesday night at Encinitas City Council. It was a sea of yellow “Emery” shirts in a standing-room-only crowd.
Eighteen people signed up to speak during public comments for the safety emergency declaration that wasn’t even on the agenda.
“I am urging you clearly and unequivocally to declare a local roadway state of emergency in the city of Encinitas,” one resident said from the podium.
It was frustrating to those so close to Emery, like her former schoolteacher.
“We can change how people drive by, changing the roads they drive on,” she said.
A dance classmate spoke. Emery was killed crossing Encinitas Boulevard on her way back to the studio.
“I have seen looks on my friends faces that no one our ages should ever have to feel. It is time for us to take this feeling and create change with it,” she said.
A North County community is grieving after a 12-year-old girl was hit and killed in a crosswalk. NBC 7’s Audra Stafford reports.
“We’re community members,” John Chalekian said. “This is a tragic event that has shaken up our community. It kind of hurts to see it not be enacted.”
NBC 7 asked a spokesperson for the city before the meeting whether the state of emergency was called off because of the potential of a lawsuit but did not yet receive a response.
Mid-summer, the Chalekians with their attorney filed a letter of intent to sue the city of Encinitas. It lists six damages. The family is asking for more than the standard civil suite of $35,000.
Among the damages are loss of care, comfort, companionship, love, affection; profound emotional distress, grief, and anguish experienced by Bridget and John Chalekian; loss of guidance, nurturing and shared experiences with their child.
The family says it’s part of the process but may never end up an actual lawsuit.
“This is a matter of public safety, not a matter of our family filing a lawsuit,” John Chalekian said.
The Chalekians hoped a road safety crisis would result in quick action and make available more money for at least road signs. For now, that hope remains unrequited.