The state Attorney General's Office issued an opinion today stating that a county health board does have the authority to order the fluoridation of a water supply system owned and operated by a public utility district within the county's jurisdiction.
Skagit County had requested the
nonbinding legal opinion after the Skagit County Public Utility District raised questions about its obligation to follow the county Board of Health's order to start fluoridating drinking water.
This past May, county commissioners, acting as the Board of Health, gave the PUD one year to implement fluoridation in Sedro-Woolley, Burlington, Mount Vernon and surrounding areas. Refusal to comply could lead to fines.
The deadline is approaching, but the PUD has not yet fluoridated the drinking water.
The opinion answered four questions related to a county's power to order a PUD to fluoridate water, and all found in the county's favor.
"Local water fluoridation ordinances have generally been upheld as actions that are consistent with the exercise of delegated public health police powers and that do not violate constitutionally-protected liberty interests," the opinion states.
The opinion also found that the county could order the PUD to fluoridate, even when the order is contingent on a third-party source providing the funding for the fluoridation process. In Skagit County's case, the Washington Dental Service Foundation has offered to pay about $1 million to get the fluoridation plant up and running. The PUD had expressed concerns over whether it could legally accept private funds.
The attorney general's opinion is not legally binding, but could provide valuable information in the case of a lawsuit and generally carries weight in court.
I disgaree, therefore I must “have an agenda” and be dishonest. You keep stooping lower and lower. It is no more “unconstitutional” than any other government action APPROVED BY THE MAJORITY of the people all around you. YOU are the one who doesn’t get it—you and your minority don’t get to override the will of everyone around you. And it’s not “somehow”—as if the benefits of fluoridation are illusory—they are verified by 60 years of results.