Update on 5G Lawsuit (Santa Fe, New Mexico)

By B.N. Frank

The Federal Communications Commission (FCC) is supposed to protect Americans from the telecom and cable industries. Instead, it has catered to them for decades (see 1, 2). Lawsuits have been filed against the agency for NOT protecting the public from unsafe levels of cell phone and WiFi radiation as well as 5G on Earth (see 1, 2, 3) and in space.

Thanks to Arthur Firstenberg from the Cell Phone Task Force for an update on what’s happening in New Mexico.

APPEAL TO U.S. SUPREME COURT BEING PREPARED

In the fall of 2018 the City of Santa Fe, New Mexico awarded franchises to five telecommunications companies for the purpose of placing both fiber-optic cables and 5G antennas in the streets and on the sidewalks of our fair city. Immediately the Santa Fe Alliance for Public Health and Safety, which has been working against wireless technology since 2005, hired an attorney and filed a lawsuit against our city, our state, and the United States of America.

Today, two years and eight months later, there are still no 5G antennas on the sidewalks of our city. Everyone — the Alliance, the government defendants, the citizens of Santa Fe, those that are watching around the world, and the telecommunications companies that hold the franchises — are waiting to see whether our lawsuit will succeed.

Other organizations are also in court trying to stop 5G. Both the Environmental Health Trust and Children’s Health Defense are doing excellent work and have sued the FCC over its recent orders facilitating the rollout of antennas. But regardless of the outcome of those lawsuits, the fundamental problem will remain, and 5G antennas will continue to be built, as long as the federal law that the FCC administers remains in place. That law is the Telecommunications Act of 1996, and the provision that has been strangling all opposition to cell towers for 25 years is Section 704 of that law.

Section 704 prohibits states and local governments from regulating cell towers on the basis of the environmental effects of radio-frequency radiation, and for 25 years, “environmental effects” has been interpreted by the courts to mean “health effects.” Since 1996, no city in the US has been permitted to protect the public from the radiation, or even to hear testimony about the health effects of cell towers. No lawsuit for injuries or losses caused by cell towers has been permitted to go to trial in any court. A large class of environmental refugees continues to grow as thousands lose their health, their homes and their businesses every day.

Ours is the first organization to sue a city to stop 5G antennas from being built on its sidewalks. Ours is the first lawsuit ever filed that challenges the notion that “environmental effects” means “health effects.” And ours is the only lawsuit that is challenging the constitutionality of Section 704 of the Telecommunications Act of 1996. We are suing to force our city and our state to protect our health, and we are asking the courts to declare that Section 704 is unconstitutional and invalid because it deprives people of life, liberty and property without due process of law.

On May 27, 2021, the Tenth Circuit Court of Appeals in Denver decided against us, making our case ripe for appeal to the United States Supreme Court. We have retained two law firms, one on the east coast and one on the west, to draft the petition for certiorari and argue the case if the Supreme Court agrees to hear it. Both law firms have experience in constitutional and environmental law. We will also be soliciting amicus curiae (friend of the court) briefs from organizations and governments. Our petition for certiorari must be filed in the Supreme Court on or before October 25, 2021.

Our complaint against the City of Santa Fe, the New Mexico Attorney General, and the United States, originally filed in the district court in 2018, is here:
https://www.cellphonetaskforce.org/wp-content/uploads/2021/08/Doc-19-First-Amended-Complaint.pdf

This important effort will be costly. Donations in any amount are welcomed and are tax-deductible for US residents. DONATE

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American opposition to 5G and small cells (5G and 4G) continues to increase due to concerns about reduced property value (see 1, 2, 3, 4), public safety (see 1, 2, 3, 4, 5, 6, 7, 8, 9), health (see 1, 2, 3, 4, 5, 6, 7, 8, 9, 10), cybersecurity (see 1, 2), privacy (see 1, 2), and environmental risks (see 1, 2, 3, 4, 5). Some have described 5G deployment as a form of “environmental racism”.

In May, scientists submitted a letter to President Biden asking him to protect the public from 5G and other unsafe technology. Americans opposed to 5G may click here to sign a letter asking the Biden administration to stop deployment immediately.

Opposition to 5G is worldwide. Cities and entire countries have taken action to ban, delay, halt, and limit installation AS WELL AS issue moratoriums. Since 2017, doctors and scientists have been asking for moratoriums on Earth and in space (see 1, 2). Since 2018 there have been reports of people and animals experiencing symptoms and illnesses after it was installed (see 1, 2, 3, 4). The majority of scientists oppose deployment.