Askew v. Parker

GRIFFIN, J.

This is an action by plaintiffs and respondents. J. B. Askew, as Director of Public Health of the County of". San Diego, and County of San Diego against defendants "and appellants Merle E. Parker, The Foundation for Divine Meditation, Inc., et al., enjoining the defendants from presenting plaintiffs from inspecting the swimming pool on defendants’ premises, pursuant to section 24104 of the Health and Safety Code.

Defendants defended their right .to prevent the county sanitarians from such inspection on the ground that the pool is private and therefore not within the scope of the cited section. It is further claimed that the water in the pool was frequently changed; that it appeared clear and clean and that defendant Parker, before the pool was placed in use, had taken a sámple.of the water to a private laboratory for test purposes and it was found free from harmful bacteria.

[761]

Defendant Parker is the chief executive officer of the corporation named. It owns the real property upon which the swimming pool was constructed. It was 50 by 75 feet in dimension and built during the 1954 summer season. On June 11, 1955, defendants sent out about 300 to 400 general written invitations, by mail, to all post-office box holders and R.F.D. box holders, through the United States Post Office at Valley Center, to all the teen-age children in that community, to use the pool free of charge. Over 100 of these children registered to use the pool. During the summer season of 1955 it was used by 40 to 60 of these children every day except Saturdays and Sundays. The pool was fenced and no persons were admitted except those who could qualify under the general invitations sent out. Two life guards or instructors were employed and paid by the church. On June 16, 1955, two sanitarians of plaintiffs attempted to obtain information concerning the nature of the swimming pool operation. Defendants refused to cooperate. A notice was posted on the property by defendants reciting:

“I personally, and the organization I head, refuse to recognize any so-called ‘health department’ which does not have upon its board representatives of All of the licensed healing arts ... viz: Chiropractors, Naturopaths, Osteopaths, and Christian Science Practitioners, as well as the M.D.’s whose aim it is to ‘outlaw’ all branches of healing not dealing in drugs.” Such representatives were directed to remain away until some court directed such an entry.