I'm sending all of this information to you in the hope that it might 
be helpful in the fight against pesticides elsewhere in the 
protection of people, pets, wildlife, and the environment, as well as 
here in New York City.

Yesterday, I walked-in the following 2 letters to US District Court 
Judge George Daniels in New York City, who presided over the No Spray 
Coalition's lawsuit against NYC's spraying of toxic pesticides filed 
in 2000. One is a 1-page cover letter, and the other is 27 pages.

The Judge is in charge of making sure that the stipulations in the 
agreement are not violated. I show in the letter how the City is 
violating the agreement, along with Local Law 37, which was passed 
unanimously by the City Council in 2005. I presented some of the 
scientific research against pesticides, and I asked him to stop the 
City from spraying pesticides, arguing that the spraying is a 
violation of the Settlement Agreement and the law. (The attempt here 
is to find a legal mechanism so that the judge could immediately act 
under the existing settlement (not that I expect him to), without the 
need for the expense of filing a new court case and motions.)

I also emailed a copy to the Department of Health, and walked-in a 
copy to Brooklyn City Council member Letitia James, with a separate 
cover letter.

In addition to my long letter to the Judge outlining the issues, I 
included many "exhibits" that I won't burden you with here, unless 
you want them, except for "Exhibit H" -- an excellent letter from NY 
State Assemblyman William Colton (47th A.D.) questioning the NYC 
Department of Health about the spraying. Mr. Colton faxed the letter 
3 weeks ago to the NYC DOH requesting an immediate response. They 
haven't gotten back to him -- and "Exhibit I" -- a detailed review by 
Dr. Robert Simon on Pyrethroid pesticides.

The full list of Exhibits are:

Exhibit A: 2007 Settlement Agreement
Exhibit B: Plaintiffs' 2006 Letter to NYC proposing alternatives to 
spraying and procedures
Exhibit C: Health Department summary of Local Law 37 (against pesticides)
Exhibit D: Local Law 37 text
Exhibit E: DOH's waiver to allow spraying pesticides in Queens for 
nuisance mosquitoes, May 18, 2011
Exhibit F: DOH's waiver to allow spraying pesticides in Brooklyn for 
West Nile mosquitoes, May 18, 2011
Exhibit G: History of DOH's pro forma waivers, 2006-2010.
Exhibit H: NY Assemblyman Bill Colton's letter of inquiry to DOH
Exhibit I:   Dr. Robert Simon's Review of Pyrethroids
Exhibit J:  NYC's 2010 Comprehensive Mosquito Plan
Exhibit K: DOH's "Health Advisory" Aug. 19, 2011, with lots of 
assertions and no substatiations or proofs
Exhibit L: DOH press release mentioning NYC's first human WNV case, 
Aug. 19, 2011

- Mitchel Cohen
No Spray Coalition






http://www.MitchelCohen.com


Ring the bells that still can ring,  Forget your perfect offering.
There is a crack, a crack in everything, That's how the light gets in.
~ Leonard Cohen