Berkeley cell phone ordinance wins again!

The city of Berkeley won against the powerful CTIA, the wireless industry association who appealed Berkeley’s ordinance which requires cellphone retailers to provide customers with this notice:

“To assure safety, the Federal Government requires that cell phones meet radiofrequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

The appeal was heard by the Ninth Circuit Court of Appeals. The judges determined that “there was no irreparable harm based on the First Amendment or preemption, that the balance of equities tipped in Berkeley’s favor, that the ordinance was in the public interest, and that an injunction would harm that interest.”

More information about the ordinance and the lawsuit here: http://www.saferemr.com/2014/11/berkeley-cell-phone-right-to-know.html

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