City of Watsonville v. State Department of Health Services

Opinion

PREMO, J.

In November 2002, the voters of the City of Watsonville (City) passed a ballot initiative known as Measure S. Measure S prohibits introduction of any substance into City’s water supply unless the substance conforms to listed requirements. We hold that to the extent Measure S applies to fluoridation it is preempted by state law.

I. Factual and Procedural Background

In the fall of 2002, City was poised to begin a water fluoridation project when City’s voters passed Measure S and halted City’s fluoridation efforts. Measure S prohibits introducing any substance into City’s drinking…