Fluoride foes ‘exploring all options’ after Supreme Court upholds Port Angeles city

PORT ANGELES — The state Supreme Court sided with Port Angeles City Hall on Thursday in the four-year-long dispute over water fluoridation, but activists aren’t giving up just yet.

The high court ruled in a 5-4 vote that water fluoridation in Port Angeles cannot be challenged through the initiative process.

The ruling tosses out city-wide initiatives that anti-fluoride groups Our Water-Our Choice! and Protect Our Waters filed in 2006, the same year the city added the product to its water as a means of preventing tooth decay.

Port Angeles resident Keith Wollen, spokesman for the two groups, said they are “exploring all options” on how to continue to challenge the practice.

But he declined to say what is being considered.

“That is not something we really want to talk about yet,” Wollen said.

“But there are other avenues. Again, I don’t wish to get into it.”

Gerald Steel, the groups’ attorney, said the Supreme Court could be asked to reconsider the matter if it’s believed that it overlooked laws or facts pertinent to the case.

He said he has not come to that conclusion, at least not yet.

“At this point I don’t, but I think there needs to be more analysis before a decision is made,” Steel said.

The attorney from Olympia said that an appeal to the U.S. Supreme Court is not likely since the case didn’t address Constitutionality issues.

There also may still be a way for fluoride initiative to meet the “indications that the Supreme Court has given,” he said.

The court found that the city’s fluoridation program is not subject to the initiative process because it was an administrative action. Only legislative actions can be challenged by an initiative.

The majority opinion argued that fluoridation is not a legislative action because the city was not creating new policy; it was merely acting within the authority granted to it by its own water management plan and state Department of Health regulations.

City Manager Kent Myers said the ruling “basically endorses what we said all along.”

He said the city still sees fluoride as a benefit, adding, “or we wouldn’t be adding it to the water system.”

The dissenting opinion, written by Justice Richard Sanders, argued that it’s not administrative because the city is not required to fluoridate water.

Sanders wrote that the majority decision “diminishes our state’s forthright commitment” to the right of citizens to check government actions through the initiative process.

Members of the groups say they oppose fluoridation out of concern that its digestion can lead to long-term health problems, such as brittle bones.

Fluoride advocates and governmental health agencies say fluoride is safe to consume within certain limits.

The state allows no more than 1.3 parts per million in drinking water, said Ernie Klimek, the city’s water superintendent.

Klimek said the city has never gone over that limit, and actually uses less.

Port Angeles uses 1 part per million, and tests the level of fluoride every day, he said. One sample per month is also sent to the health department for testing.

Wollen said such regulations are flawed since they don’t control how much fluoride people ingest.

Fluoride is a “coproduct derived from the production of fertilizer,” according to the Center for Disease Control.

It also occurs naturally.

The city buys its fluoride from Lucier Chemical in Wyoming, Klimek said.

It spends about $10,000 a year on fluoridation.

The city used a $260,000 grant from the Washington Dental Service Foundation to help pay for the fluoridation system.

Forks is the only other city on the North Olympic Peninsula that fluoridates its water.

________

Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

More in News

C.J. Conrad and Chris Orr of A&R Solar take solar panels from a lift on top of the Port Angeles Senior and Community Center on Peabody Street to be installed on the roof. The 117 panels are mostly made of silicone and will provide electrical power to the center. The crew members are each tied in with ropes to prevent any problems on the slippery slanted roof. The panels are 42 inches by 62 inches and weigh about 16 pounds. (Dave Logan/for Peninsula Daily News)
Solar installation

C.J. Conrad and Chris Orr of A&R Solar take solar panels from… Continue reading

Port Townsend Food Co-op board president resigns

Rowe cites unresolved tensions, calls for change

Recompete projects aim to close gap for workers in prime age

Goals include reducing barriers, creating up to 1,300 jobs

Carrie Heaton.
Governor appoints Heaton to PC trustees

Five-member board governs college’s policy, strategic planning

Finalists named for Port Angeles community awards

The Port Angeles Chamber of Commerce will announce the… Continue reading

Fort Worden Hospitality ceasing operations

No longer viable amid PDA financial and legal challenges

Phyllis Becker of Port Hadlock, foreground, and Wendy Davis of Port Townsend, volunteers with the Jefferson County Trash Task Force, pick up litter along Discovery Road on Sunday during the first trash pickup of the year. (Steve Mullensky/for Peninsula Daily News)
Litter patrol

Phyllis Becker of Port Hadlock, foreground, and Wendy Davis of Port Townsend,… Continue reading

Jefferson County defers oversight role for homelessness grant

OlyCAP will continue to be lead agency for Commerce funding

Members of Trail Life USA, a boys Christian adventure organization, salute the burning retired flags and holiday wreaths from veterans’ graves. This joint flag retirement and wreath burning ceremony took place Saturday at the Bekkevar farm in Blyn. (Emma Maple/Peninsula Daily News)
Flags, veterans’ wreaths retired at ceremony

Boys, girls organizations attend event at farm

One person taken to hospital after three-car collision

Two people were injured following a three-car collision on… Continue reading

Jefferson Conservation District seeking board candidates

The Jefferson County Conservation District is accepting applications for… Continue reading