A judge in Jefferson County has dismissed a legal challenge brought by the City of Birmingham against Central Alabama Water, dissolving a temporary restraining order and denying a request for further injunctive relief in an ongoing dispute over water fluoridation.
In a final order issued April 20, Circuit Judge Frederic Allen Bolling found that while Central Alabama Water technically violated state law when it announced in March that fluoridation had already ceased, the violation stemmed from what the court described as an “incomplete” or “clumsy” press release rather than intentional misconduct.
The dispute centers on Central Alabama Water’s effort to discontinue adding fluoride to its drinking water system, which serves roughly 620,000 people across more than 50 communities. The utility had submitted a formal notice on March 12, 2026, indicating its intent to end fluoridation within the 90-day period required under Alabama law. However, a March 20 press release stated that fluoridation had already stopped, prompting intervention from state health officials and the court.
The court determined that the March announcement violated statutory requirements because the 90-day notice period had not yet elapsed. Still, it concluded that Central Alabama Water had otherwise complied with the law by filing proper notice and taking steps toward a lawful cessation of fluoridation.
Evidence presented in the case also indicated that fluoridation had already been inactive at most treatment facilities for years due to equipment failures and infrastructure issues dating back to the former Birmingham Water Works system. The court found that the utility could not safely resume fluoridation immediately and accepted arguments that repairs and upgrades would take time.
While the City of Birmingham argued that the violation justified a broader court order to require continued fluoridation, the judge ruled that existing law does not give the court authority to mandate the practice beyond the statutory notice period. The order cited prior Alabama case law limiting courts’ ability to intervene when actions are otherwise authorized by statute.
With the ruling, the temporary restraining order requiring Central Alabama Water to resume fluoridation has been lifted, and the city’s request for a preliminary or permanent injunction has been denied. The case was dismissed in full.
The decision marks a significant development in the broader transition from the former Birmingham Water Works Board to Central Alabama Water, which was established under state law signed by Kay Ivey in 2025.
Original article online at: https://abc3340.com/news/local/alabama-judge-dismisses-birmingham-lawsuit-clears-path-for-central-alabama-water-caw-to-end-fluoridation-april-2026-birmingham-water-works-dispute