Second Bid to Bar Spraying Fails

Attorneys for homeless people in Garden Grove lost a second bid Tuesday to halt aerial malathion spraying in and around that community unless the homeless are provided shelter.

While applauding the ruling, state officials announced they are working with local government to arrange shelter for the homeless during the pesticide applications.

U.S. District Judge Alicemarie H. Stotler rejected a request by the Legal Aid Society of Orange County for a preliminary injunction that would have stopped the spraying unless the homeless are provided shelter.

Legal Aid filed suit last month, contending that the aerial applications of malathion violated the civil rights of the homeless who live around Pioneer Park and caused nausea, dizziness and other ailments.

A few weeks ago, Stotler refused to issue a temporary restraining order. At a second hearing Tuesday, Stotler said Legal Aid attorneys had not demonstrated that malathion caused the sickness suffered by those with no shelter.

Malathion has been sprayed in an effort to combat an infestation of the Mediterranean fruit fly. The next spraying is set for Thursday night over a 36-square-mile area of Garden Grove, Westminster and other Orange County cities.

Deputy Atty. Gen. Charles W. Getz said that though he believes the state has no legal obligation to shelter the homeless during spraying, officials decided to “go beyond our duty” and help arrange shelter for them anyway.