To forward this newsletter via social media, copy and paste this link: PETITION FILED IN U.S. SUPREME COURT YESTERDAY
The Santa Fe Alliance for Public Health and Safety filed
a petition yesterday afternoon asking the U.S. Supreme Court to rule on
a threat to the very existence of this country, and this world.
Twenty-five
years ago, Congress passed a law that permitted the unlimited pollution
of every square inch of this country with microwave radiation. The
polluters -- telecommunications companies -- were exempted from all
liability for injury, death and property damage. Cities and states were
forbidden to protect their citizens. State courts were prohibited from
hearing lawsuits. The millions of people who have been injured, killed,
and deprived of their income and property by cell towers and antennas
have had no remedy for their injuries, deaths and losses.
The law that accomplished this assault on our country is the Telecommunications Act of 1996. Section 704 of that law states:
“No
State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service
facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the
Commission’s regulations concerning such emissions.”
The
“Commission” is the Federal Communications Commission (FCC), which has
no authority over health or environment, and does not even have the
power to enforce its own regulations concerning microwave (also called
radio frequency) radiation. The result of Section 704 is that no one has
been protecting our country, our citizens, and our environment from
this radiation for the past 25 years -- not the FCC, not the states, not
the cities, and not the courts.
The advent of 5G technology has
brought this situation to a crisis point. Like many other cities, Santa
Fe, New Mexico passed an ordinance exempting antennas in the public
rights-of-way from all land use requirements, and in 2018, franchises
were awarded to five telecommunications companies to place cell towers
and antennas anywhere they please in the streets and on the sidewalks of
Santa Fe. The Santa Fe Alliance for Public Health and Safety
immediately filed a lawsuit in federal district court. That lawsuit is
now before the highest court in the land.
We are asking the Supreme Court to rule on two related questions:
1.
Does Section 704 of the Telecommunications Act of 1996 violate the
right of access to courts guaranteed by the First Amendment of the
Constitution?
2. Does “environmental effects” mean “health effects” in Section 704?
Either
an affirmative answer to the first question, or a negative answer to
the second, would immediately restore to all Americans the right to
protect their health, their lives and their property from microwave
radiation, and would subject telecommunications companies to liability
for the injuries, deaths and property damage they are causing.
The petition we filed in the Supreme Court yesterday is here:https://www.cellphonetaskforce.org/wp-content/uploads/2021/10/Santa-Fe-Alliance-Petition-for-Certiorari-as-filed.pdfWe
need as many organizations as possible to support this petition by
joining the amicus (friend of the court) brief that is now being
prepared, and which must be filed in the Supreme Court by November 24,
2021. The Supreme Court picks and chooses the cases it will decide, and
the more support we have from organizations throughout the world, the
more likely the Court will grant our petition and hear our case. The
granting of our petition, by itself, will get publicity, and will
advance public awareness of this invisible threat to our nation.
Simply
talking to one another, putting on conferences, organizing protests,
and filing lawsuits against the FCC, which has no authority over health,
has not and cannot advance our cause to any significant degree. The
proper target for attack is not the FCC, but the unconstitutional law
that Congress passed 25 years ago. If your organization would like to
join the amicus brief and has not already done so, please send the
following information to me at info@cellphonetaskforce.org as soon as
possible:
1. Organization's name, email address, mailing address, and phone number
2. Your name and your role in the organization
3. Organization's website and social media URLs (if any)
4. Roughly, how many members?
5. Mission statement
6. Is your organization for profit?
7. Any other information you would like to share
Thank you.
Donations
in any amount are always appreciated. This litigation has been costly.
The Cellular Phone Task Force is a 501(c)(3) nonprofit organization, and
donations from U.S. residents are tax-deductible. |
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