APPEAL TO U.S. SUPREME COURT BEING PREPARED
dinsdag, 03 augustus 2021 - Categorie: Berichten Internationaal
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
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:
This important effort will be costly. Donations in any amount are welcomed and are
tax-deductible for US residents.
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