The disputing of Berkeley’s ‘Right to Know’ Cell Phone Radiation Warning Ordinance may have serious health and legal ramifications, according to Rf Safe.
The lack of cell phone radiation safety education demonstrates why this law is so important, as retailers have no clue about phone radiation levels
A new Berkeley ordinance requiring cellphone retailers to warn customers about radiation levels in the devices was the subject of a legal battle in a San Francisco courtroom last month.
Founder of Rf Safe, global leader in cell phone radiation awareness and wireless safety accessories, John Coates says very prominent people, such as Ellen Marks, and along with groups such as the Environmental Health Trust are publicizing that there may be judicial conflict of interest in Berkeley’s Cell Phone Right To Know Ordnance case.http://ehtrust.org/judicial-conflict-interest-concern-berkeley-cell-phone-right-know-case-pending-ninth-circuit-court-appeals/
A three-judge panel in the 9th Circuit Court of Appeals heard cellphone industry representatives arguing that the warning is misleading and violates the free speech rights of retailers by forcing them to provide a message they don’t agree with. Among the judges was Judge Michelle Friedland.
The CTIA has claimed that Berkeley’s ordinance violates free speech. Berkeley has countered that the required postings were simply guidelines directly from the cell-phone manuals, warning that people who carry a cell phone close to the body may exceed federal guidelines on exposure to radio-frequency radiation.
Marks said ‘the case is significant because many other cities have expressed an interest in similar ordinances, and some have received letters from the CTIA threatening litigation.”
San Francisco has been working to pass a similar law, and City Supervisor John Avalos said that if the allegations are true, Friedland should have disclosed this possible link.
The ordinance, adopted in March, mandates that cellular companies warn customers about exposure to radiation if the devices are held too close to their body.
The current court approved message reads, “To assure safety, the federal government requires that cellphones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”
Berkeley, represented by Harvard law professor Lawrence Lessig, claims that every sentence of the message is true and that it is in keeping with information the FCC requires manufacturers to include in user manuals.
Since 1996, the FCC has required that all cell phones sold in the United States not exceed a SAR limit of 1.6 watts per kilogram (W/kg), as averaged over one gram of tissue. On most phones, it’s not at all obvious what the SAR value for a given handset is.
RF Safe recently investigated whether cell phone retailers were aware of these guidelines. “The lack of cell phone radiation safety education demonstrates why this law is so important, as retailers have no clue about phone radiation levels,” says Coates
For more information regarding this case see the following sites:
Media should contact Molly C. Dwyer, Clerk of Court at 415-355-8800 to request comment on the possible effects of these conflicts on Judge Friedland’s apparent bias during the hearing September 13, 2016 and on her vote.
A log of developments on the Berkeley ‘Cell Phone Right to Know’ ordinance can be viewed here:http://www.saferemr.com/2014/11/berkeley-cell-phone-right-to-know.html
The City of Berkeley is being represented pro bono by Lawrence Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School. Formerly, Lessig was a Professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and has been named one of Scientific American’s Top 50 Visionaries.
http://www.lessig.org/about/. The CTIA Wireless Industry Association is represented by Theodore Olson, of Gibson, Dunn and Crutcher.