Health Board to order fluoridation
Published 12:57 pm Thursday, December 11, 2008
Second round of court battles likely with a new water supply directive
By Dennis Box
The Courier-Herald
The battle over fluoridating Bonney Lake's water supply system is about to raise its head once again.
Federico Cruz-Uribe, director of health for the Tacoma/Pierce County Board of Health will introduce a new fluoride resolution at the Oct. 6 board meeting.
The resolution would affect Bonney Lake, Puyallup, Sumner, Edgewood, Milton and many other community across Pierce County.
"The resolution is basically worded like the original," Cruz-Uribe said. "The exception is we changed it to target water systems. It still will affect municipalities that serve 5,000 or more."
The initial fluoride resolution was unanimously passed by the health board in April 2002 and affected 240,000 people across Pierce County.
A suit appealing the action was filed in November 2002 by the city of Bonney Lake after the City Council voted to sue the board in an attempt to stop the fluoridation order.
Joining the city's appeal was the Lakewood Water District and five private, nonprofit water utilities – Parkland Light & Water Co., Fruitland Mutual Water Co., Mountain View-Edgewater Co., Summit Water & Supply Co., and Spanaway Water Co.
The fluoride resolution was upheld in Superior Court, but the state Supreme Court reversed the lower court decision by a 6-3 ruling May 13.
The Supreme Court overturned the entire fluoride order on the basis of a state law governing water districts. The court did not rule on the central argument of Bonney Lake's case, which is the fluoride directive is forced medical treatment and unconstitutional.
"The Supreme Court threw this out on narrow grounds," Cruz-Uribe said. "Basically it said we restricted the Lakewood Water District from being able to hold elections. There is a particular state law that governs water districts."
The Supreme Court's ruling, written by Justice Charles W. Johnson stated, "We reverse and hold that the resolution conflicts with RCW 57.08.012, which gives water districts the power to control the content of their water systems and, with that power, the authority to fluoridate their water."
Bonney Lake is considered a municipal water system. A water district like Lakewood has an elected board of commissioners and an appointed manager.
The city spent over $100,000 fighting the directive the first time through the courts, and it is likely the City Council will authorize round two.
"If the health board chooses to go down that unfortunate path of spending tax-payers dollars, we will have to spend tax-payers dollars to fight it," Deputy Mayor Dan Swatman said. "The hours and hours of legal research have been done. It's basically the same road. Our arguments are related to the U.S. Constitution. We'll be looking at a shot in the U.S. Supreme Court if we lose in the state."
Sumner began fluoridation earlier this year, but stopped after the resolution was overturned.
Milton voted to stop adding fluoride Sept. 20.
"Our attorneys are looking at this issue already," Mayor Bob Young said. "I would imagine it will be appealed, but we won't be out there alone."
Cruz-Uribe stated he is introducing the resolution because of a dental-health crises in Pierce County.
"We are in the same situation we found ourselves in when we first introduced the is measure," Cruz-Uribe said. "We have 65,000 to 80,000 kids in need that can't find a dentist because a very small number of dentist take Medicaid. They're practices are full or they don't like the Medicaid system because it's clunky or mean spirited."
Some of the city officials see the resolution as a mandate.
"This should be voted on by the people," Councilman Neil Johnson said. "To me it's a matter of choice. It's not proven one way or the other if fluoride helps or hurts. If the government can come in and tell you to fluoridate your water – what's next? People need to ask when enough is enough."
During this summer's heat wave in July, Bonney Lake opened the emergency intertie with Tacoma Water for several weeks. Tacoma Water is fluoridated.
Dennis Box can be reached at dbox@cmg-northwest2.go-vip.net/courierherald
