Arsenic in Escondido Water Focus of Outcry by Craig
Gustafson
UNION-TRIBUNE Staff Writer
March 17, 2005
ESCONDIDO - A La Jolla attorney yesterday
appealed a judge's ruling against an effort to stop the city
from adding fluoride to its water supply.
The case revolves around the question of whether the city has
the right to use a fluoride additive - called hydrofluorosilic
acid - that contains minute amounts of arsenic and lead.
In October, Superior Court Judge Jacqueline M. Stern dismissed
the 3-year-old lawsuit, concluding that the city didn't
violate the constitutional rights of residents by using the
additive.
Norm Blumenthal, an attorney representing a small group of
Escondido residents in the lawsuit, said Stern erred because
"bodily integrity" long has been held as a fundamental right.
"This is not about fluoride. This is not about a toxic-free
environment. It's not about any of those things," Blumenthal
said. "This is about the selection of (hydrofluorosilic acid)
- which has enough arsenic in it to cause cancer in 1 in 1,000
people - to be used as the agent to fluoridate. Is that
unconstitutional?"
The brief, which names the city of Escondido as the defendant,
was filed in the 4th District Court of Appeal.
City officials argue that arsenic levels in Escondido's water,
even with the use of the additive, would be 1/100th to
1/1,000th the 2006 federal standard of no more than 10 parts
per billion for drinking water. The city also maintains that
hundreds of U.S. cities use the same additive.
Opponents say that even minute levels of arsenic, which is
found naturally in most groundwater, could result in an
increase in cancer.
Escondido began fluoridating its water Aug. 30 and became the
first city or water district in the county to begin the
practice.
A 1996 state law, which has not been widely enforced, requires
larger cities to begin fluoridation when funds become
available. The Escondido City Council accepted a $321,000
grant in 2001 to buy equipment for fluoridation.
City Attorney Jeffrey Epp said yesterday the city simply was
following the state's mandate and the lower court agreed.
Blumenthal said the lawsuit doesn't seek to block fluoride
altogether, just the use of hydrofluorosilic acid.
About 75 percent of Escondido residents receive fluoridated
water. Some residents are served by the Rincon del Diablo
water district, which is not yet fluoridating. About 1,200
Rincon customers in southeast Escondido receive fluoridated
city water.
Owen Morrison, one of the plaintiffs, said the case is filled
with "Erin Brockovich material," referring to the legal
assistant who took on a power company accused of polluting the
water supply in Hinkley. The story was made into a movie
starring Julia Roberts.
Morrison also questioned what fluoride supporters and the
court system are trying to hide.
"If it's not politically motivated, why would it be so
detrimental to have a jury decide an issue like this?" he
said. "Either the arsenic is there or it isn't, and science
can determine that."
Fluoridation proponents, including nearly all public health
groups, contend the practice has proven effective in fighting
tooth decay and has been used in much of the country for
decades.
If the lawsuit fails, it is unclear if a new City Council
would have enough support to order a stop to fluoridation.
Council members Ed Gallo and Marie Waldron oppose
fluoridation, while Councilman Ron Newman and Mayor Lori Holt
Pfeiler support it. Councilman Sam Abed, who was elected in
November, has yet to take a public stand on the issue.
