The biggest threat to the lives of people injured by wireless technology is the Telecommunications Act of 1996—a shocking piece of legislation that turns the role of government on its head. This law makes it illegal for cities and counties to protect the public health and welfare if to do so would interfere with the construction of a national wireless telecommunications network. Municipalities are prohibited from taking action to stop antennas and towers from being built where they will injure people. As a result, a growing class of refugees have been forced to leave their homes in order to survive.
The Cellular Phone Task Force is funding a lawsuit brought by our president, Arthur Firstenberg, in order to restore the rights of the people to protect themselves.
Firstenberg v. City of Santa Fe
TENTH CIRCUIT COURT OF APPEALS, CASE No. 11-2156
On November 15, 2010 AT&T upgraded its cell phone service from “2G” (second generation) to “3G” (third generation) throughout Santa Fe, New Mexico. Since AT&T had not applied to the City to increase the power of its cell towers, Firstenberg, who owns a home in Santa Fe, filed a lawsuit in state court asking the court to order the new service suspended pending public hearings. He argued that people with electromagnetic hypersensitivity (EHS) were being discriminated against, and that the city is required under the Americans with Disabilities Act (ADA) and the Fourteenth Amendment to protect them. The Fourteenth Amendment guarantees all citizens the equal protection of the laws.
AT&T transfered the case to federal court. On July 5, 2011 Judge James A. Parker dismissed the case, ruling that because of the Telecommunications Act, people with EHS are not protected by the ADA or the Fourteenth Amendment of the Constitution.
Judge Parker’s ruling has been appealed to the Tenth Circuit Court of Appeals in Denver. The opening brief was filed on December 20, 2011. The reply brief was filed February 21, 2012. Oral argument in Denver is scheduled for May 10, 2012.
Attorney Lindsay A. Lovejoy, Jr. is representing Firstenberg in this case.