Guest opinion: Florida needs a Right to Clean Water Constitutional Amendment – News-Press

Joseph Bonasia

Red tide has been around for months, and now a massive blue-green algae bloom blankets 500 square miles of Lake Okeechobee and is making its way down the Caloosahatchee River. Calusa Waterkeeper John Cassani says we are facing “an impending disaster.”

This comes after 2018, and 2016 before that, and 2013 before that, and after water summits and a governor’s water quality task force and a much-ballyhooed Clean Waterways Act in 2020.

Knowing the critical importance of our water issues, Fort Myers Beach has been resorting to war metaphors. It recently ran ads in local newspapers declaring: “Enlist in the Fight for Clean Water Now!”  It called for a “Snowbird Advocacy Army” and a “Floridian Advocacy Reserve” to fight in defense of “our environment, our economy, and our health.” 

But we’ve been fighting this fight for decades by writing representatives, speaking out at public hearings, and supposedly voting the “right people” into office.

Why are we all constantly fighting an uphill battle for something as fundamental as clean water?

Against what are we fighting?  

The Caloosahatchee Water Wall Sculpture at the Alliance for the Arts in Fort Myers is meant to draw attention to water quality issues.

On one level, we combat a regulatory system in which the interests of corporations, which have enjoyed rights of personhood since the early 1800’s, supersede the well-being of citizens and nature.

Examples are plentiful: toll roads to nowhere; transferring wetlands-permitting from the EPA to the FDEP; state preemptions of local plastic bag and sunscreen bans; 23,000 permits issued to polluters over the past fifty years.

The results are damning: an explosion of algal blooms; 50,000 tons of phosphorus sitting at the bottom of Lake Okeechobee; 2,440 waterways officially designated as impaired; massive fish kills.

More:Army Corps releasing Okeechobee water as algae bloom on the big lake appears to be receding

More:Gov. DeSantis speaks about managing water levels in Lake Okeechobee

In the ad, Fort Myers Beach urges its “armies” to write letters to state and federal representatives urging action. But decades of letters have proven ineffective against an arsenal of corporate rights and state preemptions.

On a deeper level, though, the fight is against a cultural paradigm in which we view the natural world merely as a bank of resources to satisfy human needs and fuel our economy.  We act as if we are separate from and superior to nature even though everything in nature is connected and interdependent, including humans.

Microbiologists have discovered that nine out our every ten cells in our bodies belong not to us, but to microbial species, and 99% of the DNA we’re carrying belongs to them. Each one of us is a kind of superorganism, a community of several hundred coevolved and interdependent species. 

Nature is as we are: everything is connected in community. This is what ecology teaches and what indigenous peoples have always known.

But our legal system, reflecting this flawed paradigm, denies nature rights, the way it once denied rights to black Americans and women. We were wrong then, and we are wrong now.

Last November, 89% of Orange County voters passed their historic Right to Clean Water / Rights of Nature Charter Amendment. In addition to granting citizens the right to clean water, it granted all the waters in Orange County the right to exist, flow, be free of pollution, and to maintain a healthy ecosystem.

The first lawsuit has been filed against a developer who wants to build on wetlands in violation of the charter amendment. It’s a case that the Orlando Business Journal reports will have “a major impact on development in the state of Florida.”  It’s about time.

Legally recognizing rights of nature can help ensure that finally we will build, farm, and live in a sustainable manner.

Floridians can now sign a petition (at FL5.org) to place before voters in 2022 a state constitutional amendment modelled upon the Orange County law. It is, after all, our constitution, and we have the power to amend it as needed.

We shouldn’t have to fight for clean water, but we do. Fighting effectively means granting rights to nature and the right to clean water to all Floridians.

Joseph Bonasia is Vice-Chair and SWFL Regional Director of the Florida Rights of Nature Network.  (fronn.org)

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