By DEVON CORMIER
Staff Writer

Auburn, Derry and Manchester residents are continuing with a lawsuit contesting community water fluoridation, an issue on which Auburn and Derry were denied a vote recently.

Attorney Jed Z. Callen, representing local residents, said the lawsuit is the same as one that was filed right before the Sept. 14 referendum on community water fluoridation. The suit alleges that it is unconstitutional to deny Auburn and Derry residents a vote and that the language used on the ballot is also illegal and misleading.

Callen said the judge decided against making an injunction before the referendum, but did not rule on the merits of the lawsuit. That is why residents have chosen to continue with the suit.

Auburn residents were denied a vote because there were fewer than 100 direct connections to Manchester Water Works at the time of the vote. Callen said he believes that Auburn actually had more than 100 at that time.

Regardless, Callen said he intends to prove that Auburn and Derry should have a vote despite the number of connections they have to Manchester Water Works because the law violates the equal protection rights of residents by denying them a vote.

Also, Callen said, the language on the ballot was misleading because it asked residents if they wanted fluoride in the water when the actual substance being used is hydrofluorosilicic acid. Callen said the substance contains traces of lead and arsenic, and, by calling it fluoride, residents were misled.

“They asked if they wanted to put fluoride in the water when in fact they are putting in arsenic, lead and other things,” Callen said. “I don’t think that is what people have voted for.”

The judge set the deadline for discovery at the end of January, and the deadline for filing cross motions as the end of March. Callen said soon thereafter the judge should decide the case because both sides have decided there is no need for a trial.