The New State Attorney General's office asked a judge to dismiss a class action lawsuit filed by those who became sick five years ago from water at a Ontario County spray park.

Thousands of visitors reported becoming ill after visiting the Geneva splash park in August 2005. Tests revealed that cryptosporidium bacteria caused the gastrointestinal illnesses.

Attorney Paul Nunes is representing those who filed suit against the state.

Nunes said the attorney general’s office claims there is no evidence of negligence and the state did not know people could get sick from the water park. Nunes claims he has found evidence that the state knew as far back as 2001 that recirculated water at spray parks, even if chlorinated, could lead to bacterial illnesses.

The Ontario County outbreak led to new laws requiring filtration and ultraviolet light systems to kill bacteria.