Question
New York City's Charter authorized the NYC Board of Health to adopt a health code that is declared to have the force and effect of
New York City's Charter authorized the NYC Board of Health to adopt a health code that is declared to have the force and effect of law. The board adopted a code that provided for the fluoridation of the public water supply. A suit was brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that the money could not be spent to carry out such a program in the absence of a statute authorizing the expenditure. It was also claimed that the fluoridation program was unconstitutional because there were other means of reducing tooth decay; fluoridation was discriminatory by benefiting only children; it unlawfully imposed medication on children without their consent, and fluoridation was or maybe dangerous to health. Was the Codes provision Valid?USE THE IRAC METHOD TO RESPOND TO THIS QUESTION(Paduano v. City of New York, 257 N.Y.S.2d 531)
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