Fluoride on tap today: Fluoridation begins despite legal challenge

By Joel Davis
of The Daily Times Staff

Blount County Chancellor Telford Forgety has denied a last-minute request from citizen advocate Linda King to prevent South Blount Utility District from beginning fluoridation of its water supply today.

Forgety on Tuesday denied King’s request to issue a temporary injunction against the district, according to Clerk and Master Brenda Flowers. The chancellor wrote in reply to the request: “The court cannot grant a temporary injunction ex parte and would not grant the relief sought even on a temporary restraining order without notice and a hearing.”

King filed suit Monday in Blount County Chancery Court requesting that the utility provide documentation showing fluoride in water is safe to drink. She filed the suit individually and as a representative of Citizens for Blount County’s Future and “14,000 John and Jane Does representing the approximate number of water consumers of the South Blount County Utility District.”

Knoxville attorney Thomas Mabry, who filed the lawsuit on King’s behalf, questioned the utility’s Board of Commissioners about its previous stance against fluoridation at its Tuesday meeting.

Mabry asked what had changed from 2006 to 2008 during the meeting.

“We’re not going to discuss that because of the ligitation,” said Virginia Morton, president of board.

King led a protest against the decision at the district’s office at 808 W. Lamar Alexander Parkway on Tuesday.

“You are forcing us to ingest something that may cause harm to a lot of people,” King said to the board.

Not everyone who attended the meeting was against the fluoridation.

“I support fluoridation,” Travis Garner said. “I’m able to read, and I’m able to think for myself. I strongly support your decision.”

The lawsuit requests that the utility provide the plaintiffs with documentation showing fluoridation is safe. King said they want a guarantee that the fluoride will not harm the utility’s customers and that the utility district will accept liability for health consequences.

Defendants named in the suit are the utility district, District Manager Henry Durant and the members of the Board of Directors: Virginia Morton, Tom Abbott and Marshall Hurst.

The lawsuit claims: “Defendants have failed to review necessary and relevant safety data, failed to allow for public commentary based upon a full disclosure of the safety data, acted in secret and behind closed doors in an effort to avoid public commentary and discussion of their fluoridation plan, intentionally misled the public into believing that fluoride was not to be placed in their water supply.”