Supreme Court of Pennsylvania
It has been years now since the case involving fluoridation
was before me as a trial judge, but since that time nothing
I have seen changes my view of the serious hazards
occasioned by public fluoridation…”
JUDGE JOHN P. FLAHERTY, [ON RIGHT ♦]
Over the course of five months, the court held periodic hearings, which consisted of extensive expert testimony from as far away as England. At issue was the most recent time-trend study of Dr. Burk and Dr. Yiamouyiannis, which compared cancer mortality in ten cities which fluoridated their water systems with ten cities which did not fluoridate over a period of twenty-eight years from 1940 to 1968. The study concluded that there was a significant increase in cancer mortality in the fluoridated cities.
Contrary to what has been said by promoters of artificial fluoridation of public water supplies, Judge Flaherty’s jurisdiction to make and enter his findings on November 16, 1978 was expressly sustained and upheld as appears in Aitkenhead v. West View, 397 Atl. 2d 878 (Pa. Cmwlth. 1979). Nor were his findings ever disturbed on appeal.
In 1988, Justice Flaherty re-affirmed his convictions that fluoridation is a very dangerous practice.
In a letter dated January 26, 1988 to Ms. Evelyn Hannan, he stated,
“It has been years now since the case involving fluoridation was before me as a trial judge, but since that time nothing I have seen changes my view of the serious hazards occasioned by public fluoridation. To the contrary, what I have read convinces me all the more that in-depth, serious, scientific effort should be undertaken before further expanding a questionable practice. Those who belittle critics of fluoridation do the public a mis-service, yet it seems in the face of strong, uncontradicted prima facie evidence, that is the tactic most often employed.
Whether government has the right to force what it perceives as a benefit to the public was not directly before me in the case, but that also is to be pondered.
My hope is that groups such as yours will spur the scientific community into an objective posture on this issue.
I enclose an essay which was sent to me a few years ago focusing on the issue presented by analyzing epidemiological law data. Perhaps resolution of this narrow question will provide the answer.
More recently, some people have pointed out that Judge Flaherty’s decision was overturned on appeal and they assumed that therefore fluoridation wasn’t really proved to be harmful. Now a member of the Pennsylvania Supreme Court, Justice Flaherty clarified that his decision to end fluoridation was overturned only on the grounds that his court did not have jurisdiction to decide the issue.
♦ John P. Flaherty, Jr. (November 19, 1931 – February 20, 2019) was a Justice of the
Supreme Court of Pennsylvania from 1978 to 2001
and Chief Justice of the Court from 1996 to 2001.
He retired at the end of 2001.
❝ It is not the function of our Government to keep the citizen from falling into error,
It is the function of the citizen to keep the Government from falling into error. ❞
Robert Houghwout Jackson
Chief Judge at the War-Crimes Tribunal in Nuremberg
Nuremberg War Crimes Trial
From 20th November 1945. to 1st October 1946. The Doctors Trial considered the fate of twenty-three German physicians who either participated in the Nazi program to euthanize persons deemed “unworthy
of life” (the mentally ill, mentally retarded, or physically disabled) or who conducted experiments
on concentration camp prisoners Without Their Consent.
The Doctors Trial lasted 140 days.
Eighty-five witnesses testified and almost 1,500 documents were introduced.
Sixteen of the doctors charged were found guilty, seven were executed.
See also “Operation Paperclip”
See also Legal Firm in Utah → HERE
SUPPRESSION OF CIVIL RIGHTS IN AUSTRALIA REGARDING FLUORIDATION
In November 1994 the Victorian Parliament passed an amendment to the Fluoridation Act by changing the Constitution to stop the Supreme Court from hearing cases agains Fluoridation. If you are poisoned by fluoride in Victoria tough luck, there is no protection under law. –
The Tasmanian Government in 1995 passed a Bill through the Lower House to prohibit the holding of meetings on the subject of Flouridation anywhere at all in Tasmania. Called the Consequential Amendments Bill it was later withdrawn but is being re-worded. Outside of Tasmania, no outcry, no boycotts, why?
NEW SOUTH WALES
A draconian law was enacted in NSW in 1989. Because of this law, a Council cannot cease Fluoridation of its own water supply, after requests by public demand, unless it gets permission from the Health Department. And there is little chance of that.
Australia is a signatory to the International Covenant on Civil and Political Rights (1966). This U.N. law states that ‘no one shall be subjected without his consent to medical or scientific experimentation.’ The Health Dept. cannot produce one double blind scientific study which proves absolutely the safety and efficacy of fluoridation. It seems we are all experimental subjects.
If fluoridation is so safe or effective, why all this repressive legislation ?
AFFIDAVIT OF GERARD F. JUDD, Ph.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
State of Arizona, County of Maricopa
STATE OF WISCONSIN CIRCUIT COURT FOND DU LAC COUNTY SAFE WATER ASSOCIATION,
INC., Plaintiff, vs. CITY OF FOND DU LAC, Defendant. Case No. 92 CV 579
Gerard F. Judd, Ph.D., being first duly sworn on oath and with personal knowledge of the information contained herein, respectfully states to the Court as follows:
1.) I have been a professor of Chemistry at Phoenix College, Phoenix Arizona, since 1965.
2.) I received my B.A. in chemistry from the University of Utah in 1943.
I received my M.S. from the University of Portland in 1948. I received my Ph.D. in physical and organic chemistry from Purdue University in 1953. I did Postdoctoral research at Purdue University, on fluorinated organometallic reactions in 1954.
3.) A few of my more recent research, academic and service honors include:
a. Elected to Emeritus Member of American Chemical Society, 11/92.
b. “20 Year Outstanding Teaching Award and Pin” from Maricopa County Community College District, Dr. Paul A. Elsner, Chancellor, 2/92.
c. Reviewed two fundamental chemistry textbooks for publishers, 5/91.
d. Received “Speaker’s Gold Plated Champion’s Award for Research, Communication and Education,” regarding better teeth, health and government. Arizona Breakfast Club, Harry E. Everingham, President, 11/24/90.
e. “Faculty Appreciation Gift for Outstanding Contributions to Teaching,” Maricopa County Community College District, Phoenix, Arizona, Dr. Paul A. Elsner, Chancellor, 3/4/85.
4.) I have devoted thousands of hours during my career to studying the chemistry of fluoride. In addition, in preparing this affidavit, I have specifically researched and summarized the following professional and technical literature on the epidemiological effects of fluoride:
a. Journal of Fluoride, August 1992 – January 1983.
b. Chemical Abstracts, August 1992 – January 1989.
c. Index Medicus, May, June and July 1992.
d. Fluoridation The Great Dilemma, a 421-page book by George L. Waldbott, M.D. in collaboration with Albert W. Burgstahler, Ph.D. and H. Lewis McKinney, Ph.D.
e. A Struggle With Titans, Forces Behind Fluoridation, a 383-page book by George L. Waldbott, M.D. (a scientist’s look at fluoridation).
f. Fluoridation, the Aging Factor, a 203-page book by John Yiamouyannis, Ph.D. in Biochemistry, and world-leading authority on the biological effects of fluoride.
g. Fluoride, The Freedom Fight, a 207-page book by Dr. Hans Moolenburgh, M.D. (The Netherlands).
h. Fluoridation, a 264-page book by Isabel Jansen, R.N.
i. The Fluoride Question, Panacea or Poison?, a 176-page book by Anne-Lise Gotzsche, medical journalist (England).
J. Hello, Test Animals… Chinchillas or You and Your Grandchildren, a 180-page book by W. R. Cox, chinchilla breeder and researcher.
k. The Grim Truth About Fluoridation, a 128-page book by Robert M. Buck, journalist.
l. Fluoridation, Poison on Tap, a 460-page book by Glen S. R. Walker, consultant in strategic metals, munitions, and chemical industry, registered by the National Association of Testing Authorities in Australia.
m. Fluoride in Australia, a Case to Answer, a 159-page book by Wendy Varney, journalist.
5.) During the past two years I have personally discussed the effects of artificial fluoridation of drinking water with many individuals possessing outstanding background on the subject of fluoridation, including the following:
a. Dr. Albert Burgstahler, Ph.D., University of Kansas;
b. Dr. Mel Ruber, Ph.D., Columbia, Maryland;
c. Dr. Robert Carton, Ph.D., former head of EPA Employees Union, Environmental Protection Agency, Washington, D.C.;
d. Dr. William Marcus, Ph.D., epidemiologist, Environmental Protection Agency, Washington, D.C.;
e. Dr. William Foulkes, M.D., Vancouver, Washington, former head of Ministry of Health in British Columbia;
f. Dr. John Colquhoun, Ph.D., Titi Rangi, New Zealand;
g. Dr. Albert Schatz, Ph.D., chemistry researcher, retired, Temple University, Philadelphia, Pennsylvania;
h. Dr. Cornelius Steelink, Ph.D., Chemistry Professor, University of Arizona;
i. Dr. John Yiamouyiannis, Ph.D., Delaware, Ohio;
j. Dr. John R. Lee, M.D., Sebastopol, California. EVIDENCE AGAINST THE SAFETY OF FLUORIDATION
6.) My research, communication and discovery concerning the epidemiological effects of fluoridation has provided me with solid scientific evidence on which to base the following conclusions.
7.) Fluoride has never been established as, and is not, essential in nutrition for soft tissues, bones or teeth.
8.) There are no experiments or data which establish that fluoride in any form or in any concentration is harmless when put into drinking water for human consumption or usage.
9.) Fluoride at low levels has been shown to unsnap hydrogen bonds in the enzyme cytochrome oxidase, and thus ruin its ability to handle oxygen in humans, animals or plants. (Exhibit).
10.) It is well-established in academic and industrial chemical industry that the hydrogen-fluoride hydrogen bond is stronger than the hydrogen-nitrogen or hydrogen-oxygen hydrogen bonds characteristic of human enzymes. Therefore, human enzyme systems (thousands of enzymes) are subject to destruction when water containing fluoride is consumed. After a few weeks for some, and a lifetime for others, a large enough reservoir of fluoride is built up to cause serious ailments.
11.) At least 63 human, animal and plant enzymes are for the most part destroyed or modified by fluoride.
12.) A summary of important epidemiological effects of fluoride from Chemical Abstracts, 1992-1989 (53 pages); Journal of Fluoride, August 1992-January 1993 (42 pages); and Index Medicus, May, June and July 1992 (3 pages) failed to produce even one article proving fluoride to be harmless.
13.) Contrariwise, hundreds of experiments on test animals, humans, plants, and their cells, have invariably demonstrated harmful effects.
14.) A large number of epidemiological effects in the way of ailments and allergies caused by fluoride have been clinically established by competent authorities, including those below.
15.) Forty-nine or more serious allergenic conditions were established by George Waldbott, M.D. These were proven by removing patients from drinking water with fluoride in it, in which case they were cured. This was followed up with single- or double-blind tests with fluoride tablets.
16.) Eight of Dr. Waldbott’s side effects were confirmed through double-blind tests organized by Dr. H. Moolenburgh, with 12 other physicians, one pharmacist, and one attorney. (Exhibit). Only one of these side effects presented in court was sufficient to cause the Holland Ministry of Health to discontinue fluoridation of water in that country. These side effects are listed in Waldbott’s book, pp. 123-125.
17.) Genetic changes in bone cells and sperm cells of mice were thoroughly studied, re-studied and established by Dr. Albert Taylor.
This work has been confirmed by numerous other researchers.
18.) Fluoride as a factor in cataracts has been established by statistical studies of Dr. Ionel F. Rapaport and confirmed by the research of Dr. Burgstahler. This has also been confirmed by analysis of cataracted and un-cataracted eye lenses. The older the person, the more the fluoride in the lens. (Exhibit).
19.) SIDS (crib or cot death) has been related to fluoride poisoning by Dr. J. Colquhoun (exhibit), Dr. Bruce Spittle, and others.
20.) Chronic fatigue syndrome (CFS), and chronic fluoride toxicity (CFT) have been found to be very closely related in their symptoms (Exhibit).
21.) RSI (repetitive stress injury, or carpal tunnel syndrome) has been linked to the accumulation of fluoride in the bone by Dr. Geoffrey E. Smith. Additional work supporting this link was found by Dr. Sutton. (Exhibit).
22.) Dental fluorosis has been shown recently to occur at fluoride levels as low as .3 ppm, as opposed to earlier studies of Dr. H. Trendly Dean, who set 1.0 as a tolerable limit, allowing 24 percent fluorosis. The degree of fluorosis depends on the nutritional status of the person.
23.) Dr. Waldbott had over 400 cases of pre-skeletal bone fluorosis in patients, which he established was caused by their drinking fluoridated water. (Exhibit) This has been further confirmed by many other studies. The degree of bone fluorosis is strictly related to bone fluoride content.
24.) Embrittled bones are caused by drinking fluoridated water, as well as by administration of tablets to “harden bones.” (Riggs study, Exhibit; Utah study, Exhibit; Jacobson’s study, Exhibit; Cooper’s study, Exhibit; and Sower’s study, Exhibit.
25.) Increased infant mortality and birth defects (two to three times increase) was established by Dr. Albert Schatz to be present in Chilean children administered fluoridated water in an experimental study in Curico, Chili, with San Fernando and La Serena as a control towns. (Exhibit). Dr. Schatz found fluoridation did no good for teeth, and caused enormous increase in miscarriages. The malformations and infant mortality dropped dramatically upon cessation of the fluoridation. Similar malformations and infant mortalities are now occurring in U.S.
26.) C. R. Cox, working with the University of Oregon, found that 17 ppm fluoride in feed caused constipation, great mature and baby chinchilla death, small litters and over four generations a smaller, inferior rabbit.
27.) Down’s Syndrome was established to be linked to consumption of fluoride through statistical studies and re-studies by Dr. Ionel F. Rapaport, M.D. and Waldbott, Fluoridation the Great Dilemma, pp. 212-219. Dr. Rapaport also found that 70% of Down’s Syndrome babies were born with cataracted eyes.
28.) Genu valgum (knock knees) has been reported as having been caused by fluoride in drinking water..
29.) Gilbert’s Disease (hemorrhagic yellow jaundice) has been cured by taking the patient off fluoridated drinking water. (Exhibit).
30.) Collagen synthesis has been shown to be impeded by fluoride by the work of B. Uslu, Andola School of Medicine, Eskisehir, Turkey.
31.) Immunosuppression, according to Sutton and Gibson, may be caused by consumption of fluoride. (See Exhibits).
32.) Decreased immunodiffusion has been established as due to fluoride ion, making it a negative chemitaxic agent (this means it impedes the “taxiing” or motion effect). (Exhibit).
33.) Between 1953 and 1968, there were approximately 572,810 (44,062 per year average) more deaths due to all types of cancer in 10 major fluoridated cities compared to non-fluoridated cities. Sex, race and age changes in these populations were insignificant during this period, so that nothing else could be established as causal. (Exhibit).
34.) In Antigo, Wisconsin, heart attacks were shown to dramatically increase both in the general population and the people under 65 and over 65 when fluoridation was instituted and continued over 35 years.
35.) A tremendous increase in caiman (alligator) deaths was experienced once Kansas City, Kansas water was fluoridated at the Parrot Hill farms under the care of Patricia Jacobs, naturalist. EVIDENCE AGAINST THE EFFECTIVENESS OF FLUORIDATION
36.) In contrast to the claims of the Human Health Services and the American Dental Association that fluoride reduces DMF (decayed, missing, filled teeth) 65 percent, it has now been established through a very large number of reliable studies that fluoride may actually cause a slight amount of DMF. (A large amount of DMF is actually related to nutrition.)
37.) Dr. Yiamouyiannis found that of 39,200 students, ages 5-19, from 89 fluoridated and non-fluoridated areas, the teeth of those living in non-fluoridated areas had slightly less DMF. (Exhibit).
38.) A survey of 1,500 fifth grade students in Missouri gave slightly lower DMF for those who lived in a non-fluoridated area. This was also true in a survey of 1500 6th graders.(Exhibit).
39.) A study of school children in Tucson, Arizona by Dr. Cornelius Steelink (Chemistry Department, University of Arizona), established that there was an increase in DMF with an increase in fluoride in the water. (Exhibit).
40.) A thorough study of the entire population of Japan (included 20,000 school children, 1972) established that when the fluoride in the drinking water was above .4 ppm there was more decay. (Exhibit).
41.) A study of Auckland, New Zealand, found that DMF decreases depended heavily on dental education in the schools and the salary of people from various areas, and insignificantly on the amount of fluoride in the water. (Exhibit).
42.) In Garis, Africa a high proportion of 14 to 15-year-olds had first permanent molars which were extensively carious or missing despite 1.06 ppm fluoride in drinking water. High sugar intake was a possible factor.
43.) Earlier “studies” justifying fluoridation of drinking water have been unmasked and debunked by competent authorities (Dr. Waldbott, Dr. Colquhoun, Dr. Foulkes, Dr. Mark Diesendorf, Dr. Sutton, Dr. Exner and Dr. Rudolf Ziegelbecker) on the basis of neglecting variables, cheating and group selection, not completing the studies, etc. (Exhibits).
44.) As one example, phosphate, calcium and strontium were not accounted for in the Newburgh-Kingston study, or any other study, to the best of my knowledge. Dr. Waldbott established that the Kingston water had deficiencies of these elements.
45.) My research has made it clear that the American Dental Association and U. S. Human Health Services have made a wrong turn in their attempt to improve the teeth of the American public.
46.) Fluoride in drinking water should be limited to .1 ppm where possible, since reverse osmosis can easily reduce fluoride below this value.
47.) It is my best judgment, reached with a high degree of scientific certainty, that fluoridation is invalid in theory and ineffective in practice as a preventive of dental caries. It is also dangerous to the health of consumers.
48.) I make this Affidavit in support of the Plaintiff’s Motion for Summary Judgment.
Dated this _____ day of ________, 1993. ____________________