(Click on the blue heading to read the court document.)
Under current law we have not been allowed to protest the erection of cell towers, even near schools and in residential areas, based on health concerns. Well, the very first lawsuit addressing this issue by contesting the constitutionality of the 1996 Telecommunications Act was filed in Santa Fe, New Mexico on December 21, 2018 by Arthur Firstenberg and others.
Among other items, the lawsuit requests the court to declare that “environment” does not mean “health” in Section 704 of the 1996 Telecommunications Act.
Further, the lawsuit argues that:
134. The FCC has no statutory authority over human health, and its RF (radio frequency) exposure guidelines are neither mandatory nor enforceable.
135. The FCC has stated repeatedly that its RF exposure guidelines are procedural only and serve only to determine whether an FCC licensee must file an Environmental Assessment or not. Non-mandatory regulations cannot have preemptive effect. Yet, Section 704 gives these regulations preemptive authority, prohibiting States and local governments from adopting any regulations more stringent than those adopted by the FCC.
136. Section 704 prohibits States and local governments from providing any remedy for injury by RF radiation without providing a substitute federal remedy. This prohibition violates Substantive Due Process because it forecloses any and all remedies for injury by RF radiation.
143. Section 704 violates the First Amendment right to Free Speech.
145. Section 704 deprives persons threatened with injury of the right to be notified, of the right to participate in the decision, of the right to protest that decision, of the right to appeal that decision, and, when they are injured, of the right to tort relief or any remedy whatsoever for their injuries.
146. Section 704 violates the First Amendment Right to Petition the Government for Redress of Grievances.
Click here to read the entire court document.
To be successful, this lawsuit, as well as the International Appeal to Stop 5G, administered by Arthur Firstenberg, needs substantial financial support. To help us acquire this support, we are looking for a person experienced at raising funds. If you, or anyone you know, can raise funds, and believes in this cause, please contact Arthur directly. His phone number in New Mexico is 505-471-0129.
Click here to read Arthur's 3-page “Fundraiser Needed" prospectus. Please forward it to anyone you think might be interested. It is VERY interesting information!
If you’d like to support this lawsuit personally, please click here to make a tax-deductible donation to the Cellular Phone Task Force, with our thanks.
Finally, if you have not yet read or signed the International Appeal to Stop 5G on Earth and in Space, please click here.