Upset with a glut of bird poop fouling up their complex, Canyon Willow Tropicana Condominiums residents recently asked their homeowners’ association to consider using Avitrol, a colorless, odorless poison banned in San Francisco and New York City.
They might want to reconsider.
Four years ago, the Casey family sued the Galleria Palms Apartment complex in Henderson, its homeowners’ association Standard Management and Phoenix Pest and Termite Control of Nevada, claiming exposure to Avitrol in 2000 made the family sick. Lisa Casey experienced menstrual cycles every three weeks and needed a hysterectomy. Her sons experienced aches and pains. One of them, Shawn, got parasites in his gastrointestinal tract, missed two months of school and had to repeat the fourth grade.
Ronald Serota handled the initial case in state district court for the Caseys. Serota is concerned that state agricultural department officials aren’t looking close enough at who’s using Avitrol, where and in what dosages.
When a pest control company gets a work order, he says, a service form is generated before the inspection. Once the inspection is complete, the form is signed, usually by both the inspector and the customer.
“I’ve discovered forms with hand-written notes noting that Avitrol was applied,” Serota says. “I’ve found that a number of companies have let their licenses to apply Avitrol expire. But [according to some paperwork] it’s okay for unlicensed companies to apply Avitrol if their employees are supervised by someone from a licensed pest control agency. I’ve found no information saying this is a legitimate practice.”
Officials with the state Agricultural Department didn’t return calls seeking comment on licensing procedures and other Avitrol-related issues. Avitrol manufacturers have denied liability, blaming health problems on distributors and public carelessness.
In 2003, the Las Vegas Sun reported that 50 of Southern Nevada’s 320 licensed pest control agencies used the pesticide, having passed federal certification in order to do so. The story notes four state-issued fines related to Avitrol storage, certification and clean-up of Avitrol-soaked kernels from 1998 to 2003. Birds not killed by the kernels often hallucinate and behave erratically, scaring others away from the nesting area.
On October 2, an order of dismissal with prejudice was filed, Serota says. He isn’t sure where the case stands. Days later, it was sealed from the public. “It may be settled.”
(Got pigeon problems? Here’s what you can do: close openings to vents, attics and air-conditioning units; post fake predators such as owls, hawks, snakes or cats where they congregate; eliminate food sources; put spikes near nesting areas; or call pest control. And what you can’t: scare them with explosive devices or shoot them.)