Utah becomes first state to ban fluoride in water, restrict flags on public buildings

SALT LAKE CITY — Utah became the first state in the nation to restrict all but a few approved flags from being flown on government buildings and to prohibit fluoride from being added to public water systems.

Gov. Spencer Cox allowed the flag bill to take effect without his signature as the deadline approached Thursday evening, while he signed the fluoride bill into law. He also issued an additional four vetoes on Thursday, struck lines from two bills, let a total of three bills take effect without his signature and signed an additional 78 bills into law.

Lawmakers passed 582 bills during the recent legislative session and are expected to convene for a special session in the coming months to amend some of those bills and possibly override some of the governor’s vetoes.

Flag bill becomes law without Cox’s approval

HB77 passed with a veto-proof majority of lawmakers early this month but was still subject to calls for a veto. The bill sponsors argue it is meant to keep government buildings and classrooms politically neutral, but opponents say it targets the LGBTQ community by restricting gay pride and similar flags.

In a letter explaining his decision to let this and one other bill take effect without his signature, Cox called the bill “one of the most divisive bills of the session” and said he is “deeply disappointed that it did not land in a better place.”

“My understanding is that there was a deal on a compromise that would have removed problematic portions of the bill while retaining others that would support political neutrality in the classroom. Sadly, the sponsors did not move that deal forward,” the governor wrote. “I continue to have serious concerns with this bill. However, because a veto would be overridden, I have decided to allow the bill to go into law without my signature and urge lawmakers to consider common sense solutions that address the bill’s numerous flaws.”

Cox said he appreciates that the bill is “neutral” on which flags can be flown — adding that he finds it “strange that no headline reads ‘MAGA (Make America Great Again) flags banned from classrooms'” — but said the bill won’t actually make classrooms politically neutral because it only applies to flags. He also said it “goes too far” by applying to local governments.

“While I think it’s wrong for city and county officials to fly divisive flags, I believe that elections have consequences and the best way to stop that behavior is to elect people who believe differently,” he wrote. “All this bill does is add more fuel to the fire, and I suspect it will only ratchet up the creative use of political symbolism (for example, lighting used in place of flags).”

“Finally, as tired as Utahns are of politically divisive symbols, I think they are also tired of culture war bills that don’t solve the problems they intend to fix,” he added. “To our LGBTQ community, I know that recent legislation has been difficult. Politics can be a bit of a blood sport at times and I know we have had our disagreements. I want you to know that I love and appreciate you and I am grateful that you are part of our state. I know these words may ring hollow to many of you, but please know that I mean them sincerely.”

Utah is the first state in the nation to enact such a restriction on flying flags in government buildings. Approved flags include those representing the United States, the state of Utah, official flags of other countries, municipal flags, military flags, Native American tribal flags and flags representing universities or public schools.

It was reported earlier this month that HB77 could harm Utah’s bid to keep the Sundance Film Festival — which announced Thursday it would leave the state for Boulder, Colorado — but Cox downplayed concerns that it would impact the bid during a news conference last month.

Fluoride ban

Cox also signed HB81, which prohibits cities from adding the mineral fluoride to public water systems. The proposal has raised concerns among dental health professionals, who have lobbied the governor to reject it, saying it could harm public dental health, as the mineral can protect from tooth decay.

“House Bill 81 would adopt public policy that is in complete opposition of the ADA (American Dental Association) which, along with many other health organizations, endeavors to promote disease prevention in the most effective, efficient and equitable ways,” the American Dental Association wrote in a letter last month.

The Utah Dental Association also spoke against the bill in committee.

Several lawmakers argued that Utahns can still choose to get fluoride supplements for dental care and that residents should be given a choice when it comes to the mineral.

“This bill does not prohibit anybody from taking fluoride in whatever fashion they want,” said Senate Majority Leader Kirk Cullimore, R-Sandy, the bill’s floor sponsor. “It just disallows people who do not want fluoride from having to consume fluoride in their water.”

The debate over fluoride is also playing out in at least three other Republican-controlled states, per the New York Times, and U.S. Health and Human Services Secretary Robert F. Kennedy, Jr., has said the White House will “advise all U.S. water systems to remove fluoride from public water.”

Cox didn’t specifically provide reasons for signing HB81, though he has previously signaled he would support it.

Both HB77 and HB81 take effect May 7.