Law Office of


PO Box 2370, Lynnwood, Washington  98036

Telephone (425) 771-1110, fax (425) 776-8081





December 18, 2008


Dr. Paul Halverson, Director

Arkansas Health Department

4815 West Markham

Little Rock AR 72205


Dear Dr. Halverson,


This letter constitutes a Request for Documents under the Arkansas Freedom of Information Act, codified at Ark. Stat. 25-19.


Please write me a letter acknowledging receipt.


These statutes say that delivery of documents should be comprehensive and not limited an any way except as provided by specific statutory exceptions. The underlying philosophy behind this law is that people like me voted for the people who hired you. You therefore work for me and people like me. “We the people” have the right to take a look at what you are doing.


Although I live in the state of Washington, I still own real estate in Arkansas, and I therefore have standing to make this request.


Further, I am sending you this request on behalf of Crystal Harvey who does live in Arkansas. She represents Arkansas Citizens For Safe Drinking Water and Arkansas Health Freedom Coalition, PO Box 20069, Hot Springs AR 71903. She asked me to send this request to you.


When I refer to the “agency” I am referring to the Arkansas Department of Health. When I refer to “documents,” I am referring to documents, reports, letters, memos, e-mails, or other writings or photographs or diagrams in the possession of your staff, your experts, or the experts you hire to test Arkansas drinking water and fluoridation materials; documents and reports you receive or are accessible to you or collected from water districts, municipalities, agencies, other jurisdictions, laboratories, and suppliers of fluoridation materials. The term “documents” includes any web sites or documents on web sites which you rely on regarding fluoridation, pipe maintenance, and water treatment in general.


Please provide the following documents:


1.       Provide documents identifying the commercial source or sources from which your agency and Arkansas water districts purchase or have purchased fluoridation materials in the last five years, including the names of companies providing said materials, their addresses, their telephone numbers, their e-mail addresses, and the names of contact persons who represent said companies.


2.       Provide documents identifying the specific content of fluoridation materials which your agency or the water districts of Arkansas add to drinking water, indicating which specific minerals, compounds, and trace elements are contained in the fluoridation materials.


3.       Regarding representative Arkansas water districts, provide documents identifying the cost of and annual budget for fluoridation materials and equipment purchased over the last five years by them and the initial cost of equipment to fluoridate the system.


4.       Provide documents identifying, quantifying, and/or discussing any increase or decrease in the cost of repair and maintenance of equipment by Arkansas water districts resulting from fluoridation over the past five years and in the future.


5.       Provide agency and representative water district documents identifying the means by which fluoridation materials have been delivered to water districts over the past five years, including bills of lading, bills of shipping, billing documents, and all correspondence, memos, and other documents relating to the transportation and delivery of fluoridation materials, including documents relating to spill prevention and cleanup.


6.       Provide documents identifying the locations where representative water districts insert fluoridation materials into water.


7.       Arrange for me and my associates to tour representative facilities where fluoridation takes place so that we can take observe the fluoridation process and take photographs. The law says that “public records shall be available for inspection,” and the fluoridation facilities themselves are “public records” in the broadest sense of the term.


8.       Provide documents identifying the protocol for adding fluoridation materials to drinking water, including but not limited to mixing and dispensing fluoridation materials into drinking water and keeping the fluoridation materials uniformly mixed over time and distance. Provide documents discussing any instances where fluoride content has not been consistent throughout the water system.


9.       Provide documents which show the presence of all elements and chemicals in fluoridation materials, that is assays made of drinking water immediately after fluoridation materials have been added to drinking water.


10.     Provide documents which show the presence of all elements and compounds in raw fluoridation materials, that is assays made of raw fluoridation materials as they come out of the tanker, before they are added to drinking water and are diluted.


          Note: I am not asking just for results of tests done on water after fluoridation materials are added, but also tests or assays done on fluoridation materials themselves before they are added to the water. (An assay done on raw fluoridation materials right out of the tanker truck can do a much more accurate job of identifying and quantifying the many elements and chemicals in fluoridation materials. Various reasonably priced tests are sensitive only down to certain concentration levels, so a test done on raw fluoridation materials will reveal trace minerals and chemicals with much greater accuracy than one done on fluoridation materials after they are diluted in drinking water.)


11.     Provide documents which would indicate whether there are any trace amounts of aluminum, arsenic, antimony, asbestos, cadmium, lead, mercury, radium, radon, polonium, barium, beryllium, thallium, or uranium included in said fluoridation materials and the quantities and concentrations of them.


12.     Provide documents listing the specific contaminants, elements, and compounds for which your agency and your sub-contractors and Arkansas water districts currently test and have tested for over the last five years, along with your protocols for testing.


13.     Provide documents indentifying the levels of various contaminants, elements, and compounds for which you test and have tested over the last five years (the levels below which elements or compounds, even if present are not reported as being present, and which are typically marked “u” on assays) along with the maximum level which you consider and have considered acceptable.


14.     Provide documents prepared over the last five years showing the results of tests done by your agency and representative water districts for the contaminants, elements, and compounds referred to in the previous two paragraphs.


15.     Provide documents identifying: the materials added to control acidity or pH levels of drinking water, the quantity of such materials added, the pH level sought by adding such materials, the pH level obtained throughout water systems as a result of adding such materials, the means by which the pH level is monitored, where the pH level is monitored, and how frequently the pH level is monitored.


16.     Regarding materials added to lessen pH of drinking water, produce documents identifying the specific materials added and discussing efforts taken or planned to keep these materials disbursed evenly throughout the drinking water system.


17.     Provide documents identifying any mechanisms known to the agency or Arkansas water districts by which materials added to lessen acidity of drinking water can be or are precipitated out or rendered less effective at reducing the acidity of the fluoridated water.


18.     Fluoride dissolves lead. The use of lead and lead solder in plumbing was not outlawed until 1986. In light of this fact, provide documents identifying or discussing lead levels in the water system, including lead levels in the water in buildings built before 1986, including school buildings built before 1986.


19.     Provide documents identify homes and buildings in representative Arkansas water districts known to have lead plumbing or plumbing containing lead solder.


20.     Provide documents comparing lead levels in raw untreated water, lead levels in fluoridation materials, and lead levels the water in buildings built before 1986.


21.     Provide documents giving any explanation you may have for why lead levels in water in the pipes in buildings built before 1986 is or would be higher than in raw water and fluoridation materials. See:


22.     There are scientific and scholarly reports which conclude that fluoride is harmful to fish or repels fish. Provide documents which address this issue.


23.     Provide the written order or prescription in your possession or available to your agency from a medical or other professional which authorizes the agency to add fluoridation materials to agency water, and/or which specifies the amount to be added, and/or which specifies the specific fluoridation chemical to be added.


24.     Provide the written order or prescription in your possession or available to your agency from a medical or other professional which grants written assurance to the agency that the addition of fluoridation materials to the water is safe for the general population and for special populations such as babies and those with thyroid and kidney disease.


25.     Provide documents identifying agencies, laboratories, or other organizations from which you obtain on an ongoing basis or have obtained in the past or which you now can obtain information pertaining to the requests and questions posed in this document.


26.     Provide a copy of NSF/ANSI Standards 60 and 61.


27.     Provide copies of insurance invoices showing how much the state of Arkansas and representative Arkansas water districts and paid for insurance to cover liability which might arise from the providing of water over the last two years and provide copies of typical policies covering representative water districts, showing policy limits, endorsements, and exclusions.


28.     Provide any documents relating to how the decision was made to fluoridate Arkansas water.


If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.


I am willing to pay fees for this request up to a maximum of $40.00. If you estimate that the fees will exceed this limit, please inform me first. I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest.


In order to reduce copy costs and save paper and time, I request that the documents sought be provided as much as possible on a CD-ROM, instead of on paper.


You may call me at 425-771-1110, 10 a.m. to 5 p.m., if necessary, to discuss any aspect of my request.


For your convenience, I am sending you a copy of the “Notice Of Legal Liability For Water Fluoridation And Notice To Preserve And Not Destroy Evidence” which I sent to senators and legislators on December 17.





James Robert Deal

Counselor at Law