Hall v. Bates

148 S.E.2d 345, 247 S.C. 511, 1966 S.C. LEXIS 290
CourtSupreme Court of South Carolina
DecidedMay 10, 1966
Docket18503
StatusPublished
Cited by10 cases

This text of 148 S.E.2d 345 (Hall v. Bates) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Bates, 148 S.E.2d 345, 247 S.C. 511, 1966 S.C. LEXIS 290 (S.C. 1966).

Opinions

Bussey, Justice.

In this action plaintiff-appellant sought an injunction against the City of Columbia to prevent the fluoridation of its water supply. The appeal is from an order of the circuit court refusing the injunction and dismissing the complaint.

[514]*514The record shows that since 1950 thirty municipalities in South Carolina have ¿dded fluorides to their respective municipal water supplies. In addition, the water supplies of twenty-five municipalities in this state have natural fluoride content of 0.7, or more, parts per million. The South Carolina State Board of Health, pursuant to statutory authority, on September 21, 1959, adopted and filed in the Office of the Secretary of State a rule regulating the addition of fluoride in any form to public and semi-public water supplies in this state. Such rule is contained in the 1962 Code of Laws, Vol. 17, 311.

The question of adding fluorides to the water supply of the City of Columbia, in order to improve the dental health of its citizens by reducing the incidence of decay, has been under consideration by said city since 1951. In February, 1965, Columbia City Council held a public hearing on the matter and heard arguments pro and con as to whether such fluoridation should be undertaken. Following this hearing, City Council concluded that its water supply should be fluoridated and instructed the city manager to proceed to take the necessary steps to implement that decision. This injunction proceeding followed.

The plaintiff resides at a location outside the City of Columbia, but is also the owner of a residence within the city. Both residences are in the service area of the water system of the city. Plaintiff suffers from a severe arthritic condition and contends that the addition of fluorides to the public water supply is harmful to his person and that the action of the city in fluoridating its water supply is an invasion of his constitutional rights.

Rather voluminous testimony was received by the lower court. The plaintiff offered expert testimony tending to prove that fluoridation would not be beneficial to anyone and would, in fact, be harmful to many people, including the plaintiff. Evidence on behalf of the defendants is to the effect that the action taken by City Council was approved [515]*515and urged by, among others, the City Board of Health, the Richland County Board of Health, the South Carolina State Board of Health, the Columbia Medical Society, the Richland County Dental Society, the Central South Carolina Dental Society, and the South Carolina Dental Society. While professional opinion thereabout is not unanimous, we think the record here fairly reflects that the vast majority of medical, dental and scientific opinion, after years of research and study, is to the effect that the fluoridation of public water supplies, properly accomplished, is of tremendous benefit in the prevention of caries and that such is not harmful to anyone. The principal benefit from such fluoridation is to children during their formative years. The record also fairly reflects, we think, that while fluoridation can be provided for such children by other means, as a practical and economic matter the only way that the rank and file of children can consistently be provided with the benefit of fluoridation is through the water supply. While there are, of course, some sharp conflicts in the evidence, we will not here deal further with the evidence because there are findings of fact by the circuit judge, which are not only fully supported by the evidence, but unchallenged on appeal. The circuit court found, inter alia, “that placing fluoride in the water supply in the City of Columbia is not, in fact, harmful to the health of the citizens, but is, in fact, beneficial to the health of the citizens of the city; that fluorides will not be harmful to the plaintiff despite plaintiff’s testimony and apparent fears.”

While the plaintiff’s exceptions are several, the only questions stated and argued in his brief are constitutional questions. He contends (1) that fluoridation unduly infringes upon his individual liberty in contravention of the due process clause of Article I, Section 5, of the South Carolina Constitution, and the similar clause in the Fourteenth Amendment to the Federal Constitution; and (2) that fluoridation violates the equal protection clauses of the cited constitutional provisions.

[516]*516Except for the alleged unconstitutionality of the action of the defendants, the plaintiff does not challenge-the power of the city to take the action which it did. While the brief of plaintiff states two constitutional questions, he frankly admits that his principal legal contention is that the action of City Council deprives him of “liberty without due process of law,” in violation of his constitutional rights. In fact, his argument of the second question in his brief is largely a continuation of his argument of the first stated question. In brief, the plaintiff’s contention is that he will be compelled to drink the fluoridated water because there is no other practical source of supply; that such fluoridated water is not beneficial to him, and that he is deprived of his liberty to decide of his own free will whether fluorides would be advantageous or disadvantageous to his own personal health. It possibly should be noted that the plaintiff does not contend that he has no other source of water supply, but merely that the city system is his only practical source of supply. He apparently concedes that if caries were contagious, the action of City Council would be within constitutional limits, but strenuously urges that regardless of how beneficial the prevention of caries might be to the health of people in general, the city has no right to deprive him of his liberty to decide to drink water which is not fluoridated in the absence of a serious danger of contagion.

While this court has not had previous occasion to consider any question arising out of the fluoridation of a public water supply, the courts of our sister states have had occasion to consider attacks upon fluoridation made on almost every conceivable ground, including all of the arguments advanced by plaintiff here. The entire weight of authority in the United States is against the several contentions and arguments of the plaintiff. A fairly recent fluoridation case is that of Schuringa et al. v. City of Chicago, (1964), 30 Ill. (2d) 504, 198 N. E. (2d) 326, cert. den. 85 S. Ct. 655, 379 U. S. 964, 13 L. Ed. (2d) 558. The opinion therein would rather indicate that even more voluminous testimony [517]*517was taken in the trial of that case than in the instant case. We quote from that decision the following pertinent language :

“The first issues thus confronting us are whether the fluoridation of water is so related to the public health as to constitute it a proper exercise of the police power, and whether fluoridation is reasonably necessary and suitable for the protection of the public health.
“And while the matter is one of first impression in this jurisdiction, it is a question which has been the subject of much litigation in our time. In this country, on the occasions where the matter has been subjected to judicial scrutiny, there has been unanimous accord that the fluoridation of water by one part of fluoride to a million parts of water is a reasonable and proper exercise of the police power in the interest of the public health, and that it is not subject to constitutional infirmities thus far conceived. (See: Chapman v. City of Shreveport, 225 La.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Charleston v. Roberson
269 S.E.2d 772 (Supreme Court of South Carolina, 1980)
COM., D. OF EN. RES. v. City of Lebanon
393 A.2d 381 (Supreme Court of Pennsylvania, 1978)
Minn. State Bd. of Health v. City of Brainerd
241 N.W.2d 624 (Supreme Court of Minnesota, 1976)
Young v. Board of Health
293 A.2d 164 (Supreme Court of New Jersey, 1972)
Young v. BD. OF HEALTH, BOR. OF SOMERVILLE
293 A.2d 164 (Supreme Court of New Jersey, 1972)
Commonwealth v. Williamsport Municipal Water Authority
56 Pa. D. & C.2d 791 (Lycoming County Court of Common Pleas, 1972)
Graybeal v. McNevin
439 S.W.2d 323 (Court of Appeals of Kentucky (pre-1976), 1969)
Opinion of the Justices
243 A.2d 716 (Supreme Court of Delaware, 1968)
Hall v. Bates
148 S.E.2d 345 (Supreme Court of South Carolina, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
148 S.E.2d 345, 247 S.C. 511, 1966 S.C. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-bates-sc-1966.