Story Published:
May 13, 2004 at 7:00 AM PST
Story Updated:
Aug 31, 2006 at 12:28 AM PST
OLYMPIA - A health board cannot order all the water
systems within its jurisdiction to fluoridate their water, the
state Supreme Court ruled Thursday.
The Tacoma-Pierce County Board of Health adopted the
fluoridation rule in October 2002, saying it would save millions of
dollars in medical costs and prevent children from having dental
problems.
A group of citizens, cities and private water companies
challenged the rule in court. They argued that the health board had
overreached its power, that the fluoridation order amounted to an
illegal tax, and that it would force unwanted medical treatment on
some citizens.
The Supreme Court ruled that state law specifically gives water
districts - not local health boards - the authority to decide
whether to fluoridate their water.
"The board's resolution irreconcilably conflicts with the
authority granted to water districts," Justice Charles Johnson
wrote in his majority opinion.
Six justices sided with Johnson, and three dissented.
Justice Faith Ireland wrote in her dissent that the board's
fluoridation order was "a proper exercise of its police power."
State law, she wrote, gives a local health board "supervision
over all matters pertaining to the preservation of the life and
health of the people within its jurisdiction," and that the
Tacoma-Pierce board based its decision on evidence that dental
disease is a serious health problem, especially for children.
Federico Cruz, director of the Tacoma-Pierce County Health
Department, has said that about 70,000 children in the county don't
have good access to dental care. Nearly a quarter of those children
have significant dental diseases.
The case is No. 73734-7, Parkland Light & Water Company et al v.
Tacoma-Pierce County Board of Health et al.