In a ruling that may foreshadow a bigger loss to come for the City of Birmingham in its case against the State and the board of Central Alabama Water (CAW), the utility was vindicated when Circuit Judge Frederic Allen Bolling walked back his prior ruling and dismissed the case brought against them for ending the fluoridation of its water system. Instead, the judge agreed with the new board, placing the blame squarely on the prior Birmingham Water Works Board while saying that CAW complied with the law.
In a seven-page ruling, the judge confirmed several points made by the board of Central Alabama Water over the past year.
One point is that the Birmingham Water Works board could have addressed the system-wide infrastructure problem itself, but instead focused on consulting contracts.
"Instead of taking actions to ensure local control over a local utility, a majority of members of that previous Board chose to instead approve contracts of their then legal counsel, and certain administrators, in a move that guaranteed their financial gain beyond the upcoming restructuring of the public utility.
The total value of the contracts awarded by the previous Board on the final day of existence of the Birmingham Water Works Board could easily cover the estimated 3.7 million dollar cost of repairing and upgrading the water system's outdated and inoperable fluoride delivery infrastructure.
Just one (1) of the contracts awarded on May 6, 2025, the eve of the takeover, will cost the system nearly 2.5 million dollars for "consulting".
The judge blamed what he described as a "clumsy" press release about the decision to end fluoridation put out by the utility for his initial ruling, but noted that the utility complied with the law by providing multiple notices to the State Health Department.
"However, upon complete review of the circumstances and the evidence, the Court finds that Central Alabama Water’s violation of the law was a technical violation that is attributable to an incomplete press release and not any intent to violate the law.”
“At the time of the March 20, 2026, press release, Central Alabama Water had already filed what it intended to be a notice of intent to cease adding fluoride to the entire supply of its drinking water. The Court cannot reasonably and honestly interpret the March 12, 2026, “Notice” as anything other than an intent to end the water fluoridation system-wide.
That said, the evidence shown does not convince this Court that Central Alabama Water was acting in conscious disregard for the legal requirements of Alabama Code § 22-23-21. In fact, it appears that they made attempts, although imperfect, to comply with the statutory requirements fully. This Court’s assessment that they violated the law is premised on the press release wherein Central Alabama Water announced that it had stopped fluoridation, presumably on that same day."
The judge went on in his ruling to attack the health concerns of Health and Human Services Secretary Robert F. Kennedy and others who argue that fluoridation is not necessary, citing advances in readily available toothpaste and other dental hygiene products.
"I am encouraged by the fact that it does not appear that the decision to discontinue fluoridation is spurred on by the anti–science movement and alternate reality culture that seems to prioritize feelings over facts; however, the disappointment for this Court comes from the fact that my hometown seems to be caught in a place where the leaders can’t disagree without cutting off all communication
It is an absolute shame that this issue cannot be otherwise worked out. My disappointment aside, the law on this matter is relatively simple. Did Central Alabama Water violate the law, when it announced on March 20, 2026, that it had already ended fluoride in the drinking water? Yes. Next, did Central Alabama Water provide the statutorily required notice of intent to end fluoride? Yes, on March 12, 2026, Central Alabama Water provided a notice that this Court finds was compliant with the statute. Does the Court have authority to force Central Alabama Water to resume fluoride beyond June 2026? No, the statute only requires Central Alabama Water to issue notice to the State Health Officer ninety (90) days before ending the process of adding fluoride to the water"
Birmingham Mayor Randall Woodfin, who has been highly critical of Central Alabama Water and has frequently updated his social media, did not respond to the ruling in a post. He did, however, find time to post an image celebrating 4-20 while wearing a shirt encouraging the legalization of marijuana.
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