By Riley Conlon | WVTM
The city of Birmingham is again pressing a Jefferson County judge to order Central Alabama Water to restore fluoride to its drinking water system, arguing in a new court filing that the utility violated state law, created a public health risk and concealed the removal from the public.
The filing comes after Circuit Judge Frederic Bolling said on April 2 that Central Alabama Water likely failed to comply with Alabama’s notice requirement before stopping fluoridation, but indicated he intended to dissolve a temporary restraining order because he did not believe the court had a practical way to force the process to restart.
Central Alabama Water announced last month that it was no longer adding fluoride, pointing to aging equipment, rising costs and worker safety concerns. The city then sued, arguing the utility had not given the required 90 days’ notice to the state health officer before making a permanent change.
On March 30, Bolling granted a temporary restraining order directing the utility to resume fluoridation unless it could show it had complied with the statute. The order applied to all treatment facilities and remained in effect pending the April 2 hearing.
In the new brief, filed Sunday, the city argues the evidence shows Central Alabama Water discontinued fluoridation without the notice required by Alabama law and therefore must resume fluoridation. The filing also argues the court has the authority to order that relief despite Bolling’s earlier concerns.
The city also claims the shutdown was caused by years of poor maintenance, arguing that current leaders cannot use broken equipment as an excuse. Affidavits from former employees included in the filing say top officials were responsible for maintaining fluoride systems from 2019 to 2023, but failed to keep them working.
Birmingham also argues the removal of fluoride amounts to a public nuisance, citing testimony and evidence that fluoridation reduces tooth decay, lowers dental costs and especially benefits children and lower-income residents.
The filing further accuses the utility of hiding earlier fluoride shutdowns, saying it left that information out of public reports while still promoting awards related to fluoridation.
The city is asking the court to declare that Central Alabama Water violated the statute, order the utility to restore fluoridation at its treatment plants and bar it from permanently discontinuing the practice.
Central Alabama Water has maintained that the change affects only supplemental fluoride and does not alter other aspects of water treatment. The utility has declined to comment on the litigation.
