Hope they win
City began treating its water in August
By Booyeon Lee
UNION-TRIBUNE STAFF WRITER
October 6, 2005
ESCONDIDO – Opponents of fluoridation of the city's water supply have appealed two rulings endorsing the practice to the state Supreme Court.
Seven Escondido residents who filed the lawsuit contend that the city and state are violating their constitutional rights by using a fluoride additive, called hydrofluorosilic acid, that contains trace amounts of arsenic and lead.
"This case will decide whether our government can mass-medicate the people of the State of California without their informed consent," says the first sentence of a 30-page brief their attorney submitted to the Supreme Court last week.
The appeal is aimed at overturning an August ruling by the 4th District Court of Appeal in San Diego and a Superior Court ruling in October 2004. Judges in both courts found that the city's use of the additive for fluoridation is legal.
A hearing date has not been set. Escondido began fluoridating its water in August, making it the first city or water district in the county to do so. The decision affects about 75 percent of the city's residents. Some parts of the city are served by the Rincon del Diablo Municipal Water District, which is not fluoridating. Norm Blumenthal, the attorney representing the plaintiffs, said Escondido's use of hydrofluorosilic acid could result in higher incidents of cancer. They contend that safer alternatives, such as sodium fluoride, are available. "The appeal is based on the 14th Amendment (as it relates) to bodily integrity," Blumenthal said. "(Hydrofluorosilic acid) has never been approved for safety or efficacy as a drug; you certainly can't use it in water." Fluoridation proponents and city officials argue that hydrofluorosilic acid is used by hundreds of cities and water districts across the nation that fluoridate. They say its use is permitted by the state and that the amounts of lead and arsenic it contains are so minute that it doesn't pose a health hazard.
City officials say the arsenic levels in Escondido's water, even with the use of the additive, would be between one-hundredth and one-thousandth of the 2006 federal standard of no more than 10 parts per billion for drinking water. Arsenic is commonly found in groundwater from natural sources. The city also argues that fluoridation has been proved safe and effective in reducing tooth decay and gum disease in numerous cities across the country over more than five decades of use.
By Booyeon Lee
UNION-TRIBUNE STAFF WRITER
October 6, 2005
ESCONDIDO – Opponents of fluoridation of the city's water supply have appealed two rulings endorsing the practice to the state Supreme Court.
Seven Escondido residents who filed the lawsuit contend that the city and state are violating their constitutional rights by using a fluoride additive, called hydrofluorosilic acid, that contains trace amounts of arsenic and lead.
"This case will decide whether our government can mass-medicate the people of the State of California without their informed consent," says the first sentence of a 30-page brief their attorney submitted to the Supreme Court last week.
The appeal is aimed at overturning an August ruling by the 4th District Court of Appeal in San Diego and a Superior Court ruling in October 2004. Judges in both courts found that the city's use of the additive for fluoridation is legal.
A hearing date has not been set. Escondido began fluoridating its water in August, making it the first city or water district in the county to do so. The decision affects about 75 percent of the city's residents. Some parts of the city are served by the Rincon del Diablo Municipal Water District, which is not fluoridating. Norm Blumenthal, the attorney representing the plaintiffs, said Escondido's use of hydrofluorosilic acid could result in higher incidents of cancer. They contend that safer alternatives, such as sodium fluoride, are available. "The appeal is based on the 14th Amendment (as it relates) to bodily integrity," Blumenthal said. "(Hydrofluorosilic acid) has never been approved for safety or efficacy as a drug; you certainly can't use it in water." Fluoridation proponents and city officials argue that hydrofluorosilic acid is used by hundreds of cities and water districts across the nation that fluoridate. They say its use is permitted by the state and that the amounts of lead and arsenic it contains are so minute that it doesn't pose a health hazard.
City officials say the arsenic levels in Escondido's water, even with the use of the additive, would be between one-hundredth and one-thousandth of the 2006 federal standard of no more than 10 parts per billion for drinking water. Arsenic is commonly found in groundwater from natural sources. The city also argues that fluoridation has been proved safe and effective in reducing tooth decay and gum disease in numerous cities across the country over more than five decades of use.
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