Remember the LBAM? It’s baaaaaack! Not the actual invasive flying pest, the Light Brown Apple Moth, of course—it never left. But the fervent brouhaha over a community’s rights to keep state agencies from spraying pesticides all over the place is rearing its head once again.
Two years ago, the city of Santa Cruz successfully sued to keep the California Department of Food and Agriculture from using planes to drop pesticides over Santa Cruz County in its effort to eradicate the moth. Now a group calling itself People Against Chemical Trespass is hoping to go one step further with an ordinance that would make it illegal for non-local governments to use any pesticides whatsoever on Santa Cruz soil without the blessing of her people.
But why now? Dick Andre of PACT says the CDFA is in its dark lair as we speak, hatching more devious plans to rain poison on the land.
“Talking to people, they always say, ‘I thought you already stopped the spray,’” says Andre. “The truth is, we stopped them in that instance, sure. But they can still come in and do ground spraying, or tie toxic twist-ties in the trees or use guns to shoot pesticide ‘splat goo’ on telephone poles and trees. They are determined to use pesticides, and I think the people of Santa Cruz should have the final word on whether they do.”
Andre’s efforts at getting the Santa Cruz City Council to approve an outside agency pesticide ban, however, may be doomed. A 1984 preemption law bars local governments like Santa Cruz from passing laws that override the state’s power to spray pesticides where it sees fit. Santa Cruz Councilmember Don Lane, in fact, says he’s reviewed Andre’s proposal with Santa Cruz City Attorney John Barisone and concluded that such a law would be a magnet for expensive lawsuits.
“My initial impression is that no, [such a law] couldn’t hold up,” says Lane. “The state preemption on this issue overrides what local governments can do. The real answer is to get the state legislature to change that law so that it gives local governments more authority to regulate who can spray pesticides.”
Andre says he wants the city to pass the law anyway, if only as a bluff to see if the CDFA simply decides that fighting Santa Cruzans over pesticides again is not worth the effort and takes its spray guns elsewhere. Phone calls to CDFA Director of Public Affairs Steve Lyle seeking comment were not returned.
“If the state sues, the city could easily just rescind the law,” Andre says.
That strategy, however, is something Lane is not comfortable doing, as he says that passing any law with the knowledge that it will be axed the moment it’s challenged in court would sour residents who expect real results. Lane did say he’s committed to enacting stronger protections for Santa Cruz residents against state pesticide spraying, though.
“My sense is that the council is very interested in the issue and wants to do something,” says Lane. “I’d just like to have more confidence that if we draft something that it would have an actual legal impact.”
Whatever happens, since its 2008 victory over the CDFA, Santa Cruz has earned a reputation as a David who defeated Goliath. Now, counties from Monterey to Marin are watching closely to see if it can pull off another upset.
“Everyone is looking to see if Santa Cruz will stand up to the state again,” says Andre. “I think that we can.”
