Fwd: Legal update for Utah - Fluoridation Wars

[Guest guest]

" luckypig "

Sun, 17 Aug 2003 16:22:45 -0400

Legal update for Utah - Fluoridation Wars

 

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