GARDEN GROVE : Spraying Halt Again Denied to Homeless

Attorneys for homeless people in Garden Grove lost a second attempt Tuesday to halt aerial malathion spraying, but state and county officials announced that they are working to provide shelter for them during the pesticide applications.

County Supervisor Harriett M. Wieder said that late-afternoon talks with the state on Tuesday produced a plan to provide shelter for the homeless during sprayings. But she declined to discuss details pending a press conference this morning, and state officials could not be reached late Tuesday to confirm that an agreement had been reached.

In U.S. District Court on Tuesday morning, Judge Alicemarie H. Stotler rejected a request by the Legal Aid Society of Orange County for a preliminary injunction to halt the spraying in the Garden Grove area unless the homeless are provided with shelter.

Legal Aid filed suit Feb. 13 to halt the spraying, contending that the pesticide is producing nausea, dizziness, blurred vision and other ailments among the homeless who live around Pioneer Park. But Stotler refused to issue a temporary restraining order.

After another hearing Tuesday, Stotler said that Legal Aid had not proved that malathion caused the illness or that the homeless had been deprived of their constitutional rights by being sprayed with the pesticide.

The state has been spraying malathion in an effort to combat an infestation of the Mediterranean fruit fly.

Deputy Atty. Gen. Charles W. Getz said the state has no legal obligation to help provide shelter but decided to “go beyond our duty” and participate in a program anyway. He added that he was concerned that the state might be sending mixed messages by sheltering the homeless while it insists that the pesticide poses no health threat.

Getz said he hoped a program could be arranged by Thursday night, when the next Orange County application of malathion is scheduled for a 36-square-mile area over Garden Grove, Westminster and other cities in the county.

Meanwhile, state officials rescheduled the next round of spraying in North Orange County for 9 p.m. Friday in an 8-square-mile region that includes parts of Brea, La Habra and Fullerton. Spraying there was canceled Monday because of high winds.