Kaul v. Chehalis
Washington Supreme Court
277 P.2d 352 (1954)
- Written by Haley Gintis, JD
Facts
In 1951 the city of Chehalis (the city) (defendant) promulgated a regulation allowing the addition of an approved amount of fluoride to the city’s water supply. The purpose of adding fluoride to the water supply was to prevent tooth decay in children under 14 years of age. In response to the regulation, Arthur A. Kaul (plaintiff), a resident within the city, filed an action in Washington state court against the city for violating his constitutional right to liberty. Kaul argued that the city was permitted to use its police power to protect the public health against contagious and communicable diseases, but that this was not applicable in the case of adding fluoride to the water supply. Kaul also argued that because the city’s residents would be forced to drink the treated water, the regulation was similar to statutes requiring compulsory flag salutes and compulsory attendance at public schools, which had been held unconstitutional. The trial court returned a verdict for the city on the ground that the regulation was an appropriate use of the city’s police power. The matter was appealed.
Rule of Law
Issue
Holding and Reasoning (Weaver, J.)
Dissent (Hamley, J.)
Dissent (Donworth, J.)
Dissent (Hill, J.)
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