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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..."
-First Amendment, United States Constitution
Mercury is a well-known substance that is studied and monitored by the government. The EPA releases reports of its investigation. However, the efforts of the EPA has primarily been focused on reducing mercury releases from coal fired power plants, consumption of methyl mercury in fish, and the use of mercury in schools and medical facilities. The question now posed is why hasn't the government also been focusing on magico-religious mercury uses? There is no simple solution to that answer because there are many factors playing a role in finding a solution.
Why hasn't the government done anything?
| Current government policy |
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Before we can even get into the reasons why the government is not doing anything we need to discuss what the current policy is. Currently it is not illegal to sell mercury as long as it contains the proper labeling. However, despite the fact that it contains proper labeling people are still mishandling mercury and are placing their health in danger. For example, people are sprinkling mercury on the floors of their homes or when vendors sell mercury and have spills, they pick it up with their bare hands. By doing so they are putting the lives of themselves and others in danger. Until very recently the government was not even considering ways to deal with the problem.
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| Most government officials are not aware of the problem |
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Community activist Dr. Arnold P. Wendroff ,of the Mercury Poisoning Project, has been lobbying the government to finally put an end to this problem. Through his efforts, it has become evident that the government has a long way to go before they are equipped to deal with the problem. One reason for this is that a lot of government officials are not even aware that there is a problem. In a letter to Dr. Wendroff in January of 1991, Senator Bill Bradley wrote, "I am concerned about the possibilities of mercury poisoning and your information points to some very serious problems including some such as occult use, that I must admit I was not aware of.". In another letter from former New York City Mayor David Dinkins in the same time period, Mayor Dinkins wrote, "Thank you for bringing to my attention your research and concerns about the sale of elemental mercury in botanicas and its potential use among people who practice Yoruba-based religions.". There are other political officials like Senator Bradley and Mayor Dinkins that are not aware of the problem and are being informed but then another question arises. Why is it that government officials are not aware of the problem?
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| The people most affected are not aware of the problem and if they are aware, do not think of it as a problem |
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Our government is a democratic one and because of that we vote for our public officials. Politicians tend to focus on issues that their constituents are most concerned with. However, the people most affected by the hazards of magico-religious mercury do not feel that they are in any danger. Mercury is part of their belief system and because of custom, they deem mercury use as a normal everyday substance. It is used in charms and in spells that promote luck, health, love, etc. The people who practice religions that use mercury are not going to make their elected officials aware of the problem because to them it does not harm them but rather help them. The people on the lower level of the religion are not going to reach out for help because the religion is an extremely secretive one. It is up to the high officials of the religion to work with the government.
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| Those who are aware of the problem are not dealing with the problem effectively |
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"As I consider new ways to reduce the threat from these metals, I will certainly keep your information in mind". -Senator Bill Bradley, January 1991
"Based on the results of this investigation, recommendations may be issued". -Former New York City Mayor David Dinkins, January 1991
"I would appreciate it if you or one of your staffers could take a look at this material and perhaps offer suggestions as how to proceed with this matter". -Congresswoman Nydia M. Velazquez, May 1997
"I can appreciate your desire for further investigation into this matter, however, I do not believe additional research is the most pressing priority." -Associate Director for Science National Center for Environmental Health Thomas Sinks, Ph.D, December 1998
"NYC DOH has prepared letters discouraging the sale of mercury by botanicas and alerting botanica owners/distributors to the federal (Consumer Products Safety Commission) and city labeling requirements for mercury. They plan to send the letters very soon". -Director of the Center for Environmental Health, February 1999
"In light of the known health-related dangers of mercury, I urge the State to conduct a public outreach and education campaign on the toxic affects of elemental mercury and to enforce the sale of improperly labeled mercury". -Bronx Borough President Fernando Ferrer, April 2000
"We will work this sampling effort into our sampling schedule and anticipate conducting the sampling within the next six months to one year." -Deputy Commissioner Director Bureau of Wastewater Treatment, Robert E. Adamski, P.E, June 2000
Note:These quotes are from letters provided by Dr. Wendroff from government officials responding to him or writing to agencies in response to letters they had received from him or someone on his behalf.
The EPA has the authority to regulate the use of mercury for domestic use under the provision of the Toxic Substances Control Act, although to date the EPA has refused to invoke its regulatory authority. Similarly, although the Agency for Toxic Substances and Disease Registry's (ATSDR) responsibilities include conducting studies "to determine the relationships between human exposure to hazardous substances and the occurrence of adverse health outcomes," the ATSDR has largely ignored domestic mercury exposure, while devoting considerable attention to methyl mercury exposure. ATSDR's failure to conduct an adequate risk assessment of domestic mercury exposure has helped perpetuate EPA's inaction on this matter.
Source:Mercury Poisoning Project, Mercury Exposure from Magico-Religious Use in Hispanic and Caribbean Homes
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| It would be too expensive for the government to clean up mercury spills cost by ritual uses |
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A major factor deterring the EPA and other agencies from addressing magico-religious mercury pollution is the enormous expenditure required to clean up such spills. In a study done about about mercury use in Belle Glade, it was found that it would cost $30,000 to decontaminate each of the 17 dwellings in Belle Glade. Some 13,000 9 gram doses of mercury sold each year in the Bronx are destined for sprinkling in homes. If only 1000 of these dwellings were contaminated and required remediation, the cleanup would cost some $30,000,000. Acting to prevent such exposures in the first place, by enforcing existing labeling regulations and implementing consumer education based on clinical research findings would be a cost-effective means of reducing morbidity from chronic exposure to mercury.
Source: Mercury Poisoning Project, Mercury Exposure from Magico-Religious Use in Hispanic and Caribbean Homes
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| The First Amendment |
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"You can respect your patients' religious and cultural beliefs and still provide effective care." -Commissioner Neal L. Cohen, M.D. of the Department of Health
Our country is fundamentally based on the U.S. Constitution and in the first amendment of the constitution everyone is entitled to freedom of religion. One of the most important factors in why the government is so critical against taking action is because of fear violating civil liberties. If mercury is a central aspect of these religions, than the government is afraid by outlawing mercury, followers of these religions will cry out that their civil liberties are being violating. The government cannot allow the sale of mercury nor should they. They should begin enforcing the rules by reaching out to the communities and by actually going out into the field and conducting studies about the affects of mercury due to ritual practices. When they finally decide to take action the first amendment will not overshadow the concrete facts of the studies.