It Takes More Than Brushing to Make Your Teeth Strong

New York City's charter authorized the New York Board of Health to adopt a health code that is declared to have the force and effect of law. The board adopted a code that provided for the flouridation of the public water system. A suit was brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that money could not be spent to carry out such a program in the absence of a statute authorizing the expenditure. It was also claimed that the fluoridation program was unconstitutional because there were other means of reducing tooth decay; fluoridation was discrimintory by benefiting only children; it unlawfully imposed medication on children without their consent, and fluoridation was or maybe dangerous to health.

After summarizing the case in the first paragraph, be sure to address the following:

• Was the health code's provision valid? (yes or no)
• Under which power afforded to agencies are you determining your response?
• Justify why you believe the code was valid or invalid.