1)
United States Constitution "…No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection of
the laws." Article
XIV
2) California State Constitution - The very document that creates
the state of California, Guarantees safety for its residents: "All people are
by nature free and independent and have inalienable rights. Among these are enjoying
and defending life and liberty, acquiring, possessing, and protecting property,
and pursuing and obtaining safety, happiness, and privacy."
Article 1 DECLARATION OF RIGHTS - Section 1
3) "The people have the
right of access to information concerning the conduct of the people's business,
and, therefore, the meetings of public bodies and the writings of public officials
and agencies shall be open to public scrutiny." CA Constitution, Article,
1, Section 3(b)(1)
4) California Code requires consent before spray:
"No person shall directly discharge onto a property without consent of the owner
or operator of the property." California
Code, Division 6, Chapter 3, subchapter 2, Section 6616
5) California
Code requires protection of persons, animals and property b) Notwithstanding that
substantial drift would be prevented, no pesticide application shall be made or
continued when: 1. There is a reasonable possibility of contamination of the bodies
or clothing of persons not involved in the application process; 2. There is a
reasonable possibility of damage to nontarget crops, animals or other public or
private property; or 3. There is a reasonable possibility of contamination of
nontarget public or private property, including the creation of a health hazard,
preventing normal use of that property. California
Code, Division 6, Chapter 3, subchapter 2, Section 6614
6) CEQA
- California Environmental Quality Act Protection of the environment consistent
with the provision of a decent home and suitable living environment for every
Californian shall be the guiding criterion in public decisions.
CA. Public
Resources Code, Div 13, Environment. This section states that it is necessary
to provide a high-quality environment that at all times is healthful and pleasing
to the senses and intellect of man. It further states that governmental agencies
at all levels are required to consider qualitative factors, as well as economic
and technical factors, and long-term benefits and costs, in addition to short-term
benefits and costs and to consider alternatives to proposed actions affecting
the environment.
7) Further, Title
14, California Code of Regulations, Chapter 3. Guidelines for Implementation
of the California Environmental Quality Act, Article 18.Statutory
Exemptions, Section 15269.
Emergency Projects. "The following emergency projects are exempt from the requirements
of CEQA: Specific actions necessary to prevent or mitigate an emergency. This
does not include long-term projects undertaken for the purpose of preventing or
mitigating a situation that has a low probability of occurrence in the short-term."
An emergency is defined as: "A sudden, unexpected occurrence, involving a clear
and imminent danger, demanding immediate action to prevent or mitigate loss of,
or damage to life, property, or essential public services. "Emergency" includes
such occurrences as fire, flood, earthquake, or other soil or geologic movements,
as well as such occurrences as riot, accident, or sabotage" The Legislature had
a chance to exempt CDFA from CEQA and purposefully chose not to do so. The legislature
desired full CEQA review of projects undertaken to eradicate LBAM.
8)
Thematic Strategy on
the Sustainable Use of Pesticides Expert Meeting on Aerial Spraying Minutes
of the Meeting, March 31, 2004, European Commission*, wherein the Commission states
that, due to inherent high risk (in particular from spray drift), aerial spraying
should be banned…and would require member states to severely restrict or ban aerial
spraying when the conditions for safeguarding bystanders or the environment cannot
be fulfilled [and this statement was made in consideration of aerially spraying
crops, not human populations] The
Precautionary Principle is the guiding hand in the European Union's response
to pesticides and genetically modified foods and animals, and is a reason U.S.
agricultural products are rejected in these countries. The European Union Commission
Communication notes "The Precautionary Principle applies where scientific evidence
is insufficient, inconclusive or uncertain and preliminary scientific evaluation
indicates that there are reasonable grounds for concern that the potentially dangerous
effects on the environment, human, animal or plant health, may be inconsistent
with the high level of protection chosen by the EU."
9) CDFA has not yet
obtained clearance to begin spraying from the US Fish and Wildlife Service as
it relates to the impact of spraying on endangered species. APHIS has designated
CDFA to find out if endangered species would be affected, also to see if minority
populations and EXECUTIVE
ORDER 13045 , Protection of children from environmental risks is violated.
NOT A THIRD PARTY, INDEPENDENT, UNBIASED AGENCY, APHIS and CDFA and EPA and USDA
are all committed to this assault on citizens to further limit competition of
interstate and foreign commerce, all components defined as violations under the
RICO Act.
10) CDFA's actions act as a nuisance and a trespass (County
of Santa Cruz vs CDFA Superior Ct. of California. County of Santa Cruz Case No.
158516, Oct. 31, 2007) Officials would uphold laws to forcefully blunt citizen
nuisance and trespass on their homes and their properties. There would be no equal
application of enforcement.
11) CDFA has yet to provide the public with
evidence of a permit from the Monterey Bay Marine Sanctuary. Undersecretary Gomes
states that "The Department will not apply pesticides to water bodies, riparian
habitat areas or areas lacking host insects."
12) CDFA refuses to answer
questions from citizen interest groups and legislators in compliance with CPRA
and FOIA in a timely and complete manner, if at all.
13) Section
18 of the Federal Insecticide, Fungicide, and Rodenticide ACT (FIFRA),
EPA
regulation 40 CFR Part 166 (ref. 10) has not approved pheromone products for
chronic or repeated use or for aerial spraying or in any preparation, micronized
or aerially delivered, even in times of true emergencies…
14) The
Americans with Disabilities Act protects people with chemical sensitivities
and other disabilities from discrimination. From:
http://www.healthcentral.com/asthma/index-3259-149.html The Americans with
Disabilities Act (ADA) is a civil rights law that gives you the right to ask for
changes where policies, practices or conditions exclude or disadvantage you. As
of January 26, 1992, public entities and public accommodations must ensure that
individuals with disabilities have full access to and equal enjoyment of all facilities,
programs, goods and services. The ADA borrows from Section
504 of the Rehabilitation Act of 1973. Section 504 Prohibits discrimination
on the basis of disability in employment and education in agencies, programs and
services that receive federal money. The ADA extends many of the rights and duties
of Section
504 to public accommodations such as restaurants, hotels, theaters, stores,
doctors' offices, museums, private schools and child care programs. They must
be readily accessible to and usable by individuals with disabilities. No one can
be excluded or denied services just because he/she is disabled or based on ignorance,
attitudes or stereotypes.
Does the ADA Apply to People with Asthma
and Allergies?
Yes.
In both the ADA and Section 504, a person with a disability is described as
someone who has a physical or mental impairment that substantially limits one
or more major life activities, or is regarded as having such impairments. Breathing,
eating, working and going to school are "major life activities." Asthma and allergies
are still considered disabilities under the ADA, even if symptoms are controlled
by medication. … Under Section 504, public schools and programs cannot avoid their
responsibility by claiming to have limited funds or resources. Nor can they impose
a "disparate impact" on people with disabilities. The ADA requires public accommodations
to make changes, except in cases where an "undue burden" would result. This program
violates the intent of the Light Brown Apple Moth Act (2)(C) (senate
bill 556) which states, "Eradication
activities undertaken pursuant to this article shall comply with all applicable
laws and regulations and shall be conducted in a environmentally responsible manner."
If the CDFA had been operating in an "environmentally responsible manner,"
they would have allowed the necessary environmental impact reports to supersede
their aerial pesticide spraying program. Instead, the State used its powers to
push through a totally unproven, unsubstantiated false "emergency" in order to
intentionally evade all environmental impact reports and spray residential areas
with an untested pesticide that made hundreds of people sick. Damage to the environment,
like the deaths of hundreds of birds from a "mystery oil" spill, and the worst
"red tide" in the history of California, which made many surfers sick, were also
the result of this careless act by the State.
Secretary Kawamura of the
CDFA appears to have a different definition of an "emergency" from that of a reasonable
person when referring to a tiny light brown apple moth. Kawamura declared, "This
emergency (LBAM) clearly posses such an immediate, serious harm that delaying
action by providing five working days advance notice to allow public comment would
be inconsistent with the public interest. This emergency action is to avoid serious
harm to the public peace, health, safety or general welfare."*
There definitely
IS an emergency. But it's the one created by the CDFA and Kawamura, supported
by the USDA, APHIS and Governor Schwarzenegger, perpetrated against the people
without their consent, endangering our health and safety, and without protection
of the communities and environment being aerial assaulted with pesticides.