Woman with illness fighting North County Transit District

Posted at 7:22 PM, Oct 09, 2016
and last updated 2016-10-09 22:22:36-04

A woman with a rare respiratory disease is begging the North County Transit District not to spray weed killer on the train tracks near her Oceanside home.

Judy Kane tells us they've accommodated her needs for nine years, but she called 10News when they told her this year they're spraying.

"This is almost like feeling going to the execution, they gave me very little notice," Kane said.

At the end of September, Judy Kane learned a chemical will be sprayed Monday that could threaten her life.

"I have something called MCS which is for Multiple Chemical Sensitivities," she explained.

For the past nine years Judy says NCTD didn't spray as part of reasonable accommodation under the American Disabilities Act.

Emails show the agreement made with the NCTD in 2007 to prevent herbicide spraying along the train tracks behind her home between Wisconsin and Oceanside Blvd.

"It's scary to me after them resuming this after all 10 years," she said.

In an email sent in September, a civil rights officer with NCTD told Kane the avoidance of spraying herbicides doesn't fall under reasonable accommodation because the right of way getting sprayed is not accessible to the public.

Kane argues this isn't about the exact spot that gets sprayed, it's about the chemicals spreading.

10News called three NCTD contacts Friday before 4 p.m. and left messages. No one has called back.

We looked at the Storm Water Management Plan NCTD published in June of this year. It explains that right of way maintenance, like spraying herbicides behind Kane's home, is part of maintenance to reduce pollutants in storm water.

"In that area they've been weed whacking it," Kane told us.

On the same page the plan also says "NCTD shall evaluate and implement practices that reduce the discharge of pesticides, herbicides and fertilizers, mainly in right of ways."

Kane hopes they'll work on those practices- starting with the right of way behind her home.

"Their loss on one end is so small compared to my loss on the other end," Kane said.

With the clock ticking toward Monday, Kane is now relying on compassion to keep her safe.