El Cajon Council Votes to Sue State on Spraying : Malathion: Mayor tells capacity crowd that the city will wait until Friday to hear from the governor.

The El Cajon City Council voted unanimously Tuesday to sue the state of California unless Gov. George Deukmejian heeds its request to call off the aerial malathion spraying that is planned over a 16-square-mile residential area.

After an hour of discussion and a brief closed meeting, the five-member council adopted a resolution to condemn the aerial spraying and urge the governor and state officials to stay the plan, which now calls for three applications of the pesticide over a four-week period beginning as early as Monday. The council authorized the city attorney to begin litigation if the governor does not grant the request.

“I will not sit idly by and let the governor proceed with this if I can prevent it,” Mayor John W. Reber said, prompting applause from a standing-room-only audience of about 200 El Cajon residents. “If we don’t hear from the governor by Friday morning, a lawsuit will be filed.”

Meanwhile, Gary A. Reece, chief of agriculture services for the county Department of Agriculture, Weights and Measures, said the state appears to be moving ahead to begin spraying Monday evening.

“As far as we know, it’s Monday at 9 p.m.,” Reece said.

Today, county officials were expecting to receive formal announcements from the state to be distributed to residents in the affected area, Reece said. “As far as I know, that’s all falling in place.”

The malathion spraying plan is a response to a suspected infestation of the Mexican fruit fly, or Mexfly. Since April 25, three Mexflies--one mature male and two egg-bearing females--have been trapped within a quarter of a mile of each other in a residential area near John F. Kennedy Park, just south of Interstate 8.

On Tuesday, however, Reber noted that not a single Mexfly has been found since May 5, despite increased trapping efforts in the area.

“That tells me this is an isolated area, and we have it under control with voluntary spraying,” he said, referring to a ground-spraying program that began May 8. “I think the governor is overreacting at the present time.”

What had been scheduled as a council “discussion” quickly turned into a mass venting of anger, as several El Cajon residents said they felt ambushed by the state’s decision and outraged by their inability to affect it.

On Monday, the governor declared a state of emergency, eliminating the need for public hearings on the spraying plan. Tuesday afternoon, residents made it clear they resent being muzzled.

“This is not hurt feelings; this is an extreme feeling of frustration,” said Peggie Willbanks. “You must pay your taxes, and you must obey your government, but when it comes down to dumping a poisonous pesticide that will affect our children, our pets and everything else, we have nothing to say. We are being bombarded.”

Some people expressed themselves silently, wearing gas masks and other protective gear. Dan Tarr, an El Cajon resident and member of the San Diego Greens, an environmental group, wore a white protective outfit, complete with booties and hood.

“This is the Henry Voss collection for spring,” he said, referring to the director of the state Department of Food and Agriculture who gave the order Friday to approve the spray plan. “What the well-dressed El Cajoner will be wearing.”

Other people took the podium, supporting the council’s action as they predicted the ills that will befall El Cajon if the spraying goes forward. Ken Horton, a resident of East County since 1936, said he had firsthand experience with malathion when he interviewed agriculture workers for the state in the 1960s.

Horton said the workers he met wore heavy, long-sleeved clothing in the fields even on the hottest days. They told him they had to bundle up to protect themselves from malathion, which gave them rashes and infections. Horton said a “sunburn-like prickling” and rash soon prompted him to don heavy clothes as well--but that even that wasn’t enough.

“It penetrated my shirt,” he said, explaining that he found he had to change clothes and take a shower after each visit to a sprayed area.

Barbara Moran, an El Cajon resident and spokeswoman for the Sierra Club, warned that malathion will kill butterflies and bees as well as Mexflies, while letting stronger and more adaptable pests, such as fleas and ticks, survive. Moran drew cheers when she said that, if the spraying begins, “I would urge the people of El Cajon to boycott produce grown by California agribusiness.”

Because of time constraints, only a handful of people were allowed to speak, prompting boos from the crowd.

“I live right in the middle of this stuff and I want to speak about it,” yelled Vicki Miles, a mother of two young children, when she was informed she would not have a turn at the microphone. Later, outside the meeting, she said that, on Sunday, unbeknown to her or her neighbors on Melody Lane, the state sprayed in her area.

“My windows were wide open and the spray came right in,” she said. “I don’t want it dropped. I don’t want it sprayed. I don’t want it in my house.”

Reber, at a loss for how to accommodate such a large crowd, urged residents to send telegrams and letters to the governor.

Before the vote, Stephen M. Eckis, deputy city attorney, had warned the council that the type of litigation they were considering is one “at which no one has been successful to this point.” But he added that he believes “the facts are different” in San Diego County than in other California counties that have sued.

For example, when Voss issued his decision on the spraying plan, he failed to list non-pesticide alternatives to the spraying, as required, Eckis said. Eckis also said that, if the El Cajon spraying is to be carried out as it has been in other counties--via helicopters, flying in formation about 300 to 500 feet above ground at 75 m.p.h.--it may violate Federal Aviation Administration rules. He also said that some endangered species may be affected by the plan.

Before the meeting, environmental groups held a press conference on the steps of the council chambers to challenge the state’s contention that the malathion spraying would be harmless.

“The state has been lying to you--malathion is a carcinogen,” said Sharon Taylor, the pesticide reduction coordinator for the San Diego Environmental Health Coalition. “They told us DDT was safe. They told us Agent Orange was safe. And asbestos. Do you believe them?”

State and county officials have scheduled an educational public meeting at Granite Hills High School at 7 p.m. Thursday. Two hot lines have also been established to answer questions about the use of malathion. For health questions, call 1-800-439-6359. For agricultural questions, call 1-800-427-6359, from 8 a.m. to 5 p.m.