LOCAL : Homeless Lose Second Attempt to Halt Garden Grove Spraying

Attorneys for homeless people in Garden Grove lost a second bid today to halt aerial malathion spraying, but the state announced that it is working out a plan to provide 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 to halt the spraying unless the homeless are taken to a shelter.

Stotler said attorneys had not demonstrated that malathion was the cause of the dizziness, nausea and other ailments suffered by homeless people who live in Pioneer Park. She also said they had not proved that the homeless had been deprived of their constitutional rights by being sprayed with the pesticide.

Deputy Atty. Gen. Charles W. Getz said that the state is under no obligation to shelter the homeless but that it is “going beyond our duty” to do so anyway. Getz said the state is working out an agreement under which Garden Grove would open a hall during pesticide sprayings and Orange County would provide transportation there. The state has agreed to provide the personnel to operate the shelter program, Getz said.

Malathion has been sprayed over the Garden Grove and Brea areas in Orange County to combat an infestation by the Mediterranean fruit fly.