Judge Allows Discrimination Case to Proceed Against Utility That Won’t Waive “Smart” Meter Opt-Out Fee for Customer with Cancer

By B.N. Frank

American utility companies have received BILLIONS in federal stimulus money to install “Smart” Meters – electric, gas, and water. Approximately 57% of Americans now have them and utilities plan to install millions more because these meters are extremely profitable. “Smart” Meters are 2-way wireless transmitting which allows utilities to collect minute-by-minute customer usage data which they can analyze in order to market more products and services to customers as well as sell to 3^rd parties (see 1, 2). Utilities may also remotely turn off services and ration customer usage with these meters.

Because these meters are 2-way wireless transmitting, they create high levels of harmful electromagnetic radiation (see 1, 2, 3). This has led to numerous reports about health issues in people and animals after these meters have been installed (see 1, 2, 3, 4, 5, 6, 7, 8, 9, 10). A growing number of Americans want traditional analog meters – not “Smart” Meters or digital meters with the RF turned off.

Many utilities now allow customers to “opt out” because of all the complaints and lawsuits. Duke Energy customers in North Carolina do NOT have to pay opt-out fees if they provide medical statements specifying that the meters’ radiation emissions will make them sick.

In 2020, a Maine resident filed a discrimination lawsuit against his utility company for not waiving the opt-out fee even though he has cancer. Recently a judge ruled that the case may proceed.

From WMTW:

Judge allows CMP discrimination case to proceed

A Bowdoinham man diagnosed with cancer claims CMP is discriminating against him by not waiving smart meter opt-out fees

A judge has denied Central Maine Power’s motion to dismiss a disability and discrimination case over smart meters, allowing it to proceed in court.

Ed Friedman, of Bowdoinham, filed the suit in July 2020, claiming CMP was discriminating against people whose conditions may be worsened by the radiation emitted from smart meters by charging a fee to opt out of them and use an analog meter instead. Friedman’s lawyers say he has lymphoplasmacytic lymphoma, an incurable form of cancer, and that his doctor recommends he shouldn’t be exposed to any excess radiation in his home.

The suit was filed under the Americans with Disabilities Act, the Fair Housing Act and the Rehabilitation Act of 1973. The FHA protects against discrimination in housing services, and the Rehab Act prohibits discrimination by recipients of federal funding. CMP received $96 million from the federal government for its smart meter project.

CMP said the lawsuit should be dismissed because Friedman did not sufficiently allege discrimination, that he couldn’t relitigate the PUC’s determination that smart meters are safe from 2016 and that an opt-out fee is a valid policy the PUC requires CMP to implement. CMP also argues its opt-out fee isn’t discriminatory because it charges the same amount to everyone.

Judge Jon Levy struck down CMP’s motion to dismiss on Wednesday, writing, “if Friedman’s factual allegations are true—as I must assume on a motion to dismiss—then CMP’s refusal to waive the opt-out fee may constitute discrimination under all three statutes.”

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Many legislators have taken action against “Smart” Meters for various reasons (see 1, 2, 3). Online documentary, Take Back Your Power, provides more despicable details. Opposition to these meters is worldwide.

Activist Post reports regularly about “Smart” Meters and other unsafe technology. For more information, visit our archives and the following websites: