Please use IRAC Method

 

New York City's Charter authorized the NYC Board of Health to adopt a health code that it declared to have the force and effect of law. The board adopted a code that provided for the fluoridation of the publicc water supply. A suit wass brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that the 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 discriminatory by benefiting only children; it unlawfully iimposed mmedication on children without their consent; and fluoridation was or may be dangerous to health. Was the Codes provision Valid?

(Paduano v. City of New York, 257 N.Y.S.2d 531)

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