Legal update for Utah - Fluoridation Wars

[Guest guest]

For those of you have not followed the fluoridation wars in the State of Utah, you probably have no idea how apt that description is. Here is a report on the legal ruling just delivered in a case regarding the attorney for the proponents of fluoridation seeking fees for legally interrupting and at least temporarily vacating a petition that qualified to place the fluoridation question back on the ballot in the county of Davis, Utah.Safe Drinking Water Coalition and Citizens for Safe Drinking Water-Davis have shown time and again that they are not rolling over, going away, or backing down from their stance that the public water WILL be safe for all to drink.#############From David Hansen through Rosemary Minervini:Dear Friends,Today Mr. David Irvine and his cohorts at Citizens for Better Dental Health went down in flames at the hands of Davis County Attorney Mel Wilson, who did a bang-up job defending County Clerk-Auditor Steve Rawlings. Judge Glen Dawson didn't award Irvine even a single penny for his efforts in quashing our initiative petition in Davis County. This is a major victory for us, and although Irvine said he would appeal, I am confident that he does not have a leg to stand on.This further means that Mr. Irvine will not have $54,000 more-with which to fight us with when we finally do get this back on the ballot.Which we WILL!Our attorney, George Diumenti, knowing that Irvine would very likely lose on the attorney fees issue, timed the number two punch perfectly: yesterday, Irvine was served notice by Citizens for Safe Drinking Water Attorney George Diumenti that we are requesting that Judge Glen Dawson lift the permanent injunction keeping our petition off of the ballot so that it can be put onto the Nov. 2004 ballot. In the press release I put out yesterday afternoon to all major newspapers and broadcast news stations, I stated,"On August 6, 2003, George Diumenti, the attorney retained by Citizens for Safe Drinking Water-Davis, filed a petition to the Second District Court requesting that Judge Glen Dawson lift the permanent injunction on the initiative petition calling for a re-vote on mandatory fluoridation. If Judge Dawson lifts this stay, and we have full confidence he will, this will permit the County Clerk/Auditor to put the fluoridation question on the Nov. 2004 General Election Ballot, in accordance with House Bill 64, passed in the 2003 legislative session, which permitted a re-vote every four years. Please note that county-wide initiative petitions have no expiration date."And even if Judge Dawson does not lift the stay, we still have our appeal ready to go straight to the Utah State Supreme Court. The fact that H.B. 64 was passed last legislative session, allowing for a re-vote, makes our case exceptionally strong.Mr. Irvine is now going to have to decide whether he is going to continue to fight against us, or whether he will finally back off and allow the re-vote in Nov. 2004.I don't know when our latest court filing will be ruled on. If Irvine elects not to contest, it may be soon. Otherwise, it could be longer.In checking this morning's papers, I could find no articles on this victory. The Standard Examiner webpage is not functioning properly. This story could hit Sunday's local section's front page-or better.We're finally breaking this logjam. Hope this brightens your day!God bless, and thanks for all of your help and your prayers.Dave Hansen