FCC LOSES lawsuit to EMF safety advocates!

Today the US Court of Appeals remanded the case against the Federal Communications Commission (FCC) back to the FCC to provide a “reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radio frequency radiation unrelated to cancer…”

More info commentary from Environmental Health Trust: https://ehtrust.org/in-historic-decision-federal-court-finds-fcc-failed-to-explain-why-it-ignored-scientific-evidence-showing-harm-from-wireless-radiation/

PG&E refunds smart meter “opt-out” fees to EMF disabled customer

On April 16, Pacific Gas and Electric refunded Smart Meter “opt-out” fees paid by the family of Nina Beety who is disabled by electromagnetic sensitivity. Beety requested disabled accommodation from PG&E to have analog electromechanical meters on her family’s home when the company initiated its wireless Smart Meter roll-out in her community. She explained that EMF-emitting devices cause her disabling health effects. PG&E ignored Beety’s requests for disabled accommodation, and refused to allow residential customers to have analog, non-digital meters without paying a so-called “opt-out” fee. The family was forced to pay $415. in fees to avoid Smart Meters on their home. The Americans with Disabilities Act prohibits surcharge fees for disabled people.
When PG&E filed for bankruptcy in 2019, Beety’s family then filed a proof of claim with the Bankruptcy Court for the “opt-out” fees they paid, stating the claim basis as “Smart Meter opt-out fees that were unlawful surcharges against a disabled person (ADA Title II Technical Assistance Manual, II-1.3000 Relationship to title III)”
PG&E objected to this claim, and on February 25, 2021, asked the court to expunge it. “The simpler Customer Bar Date Notice made clear that Customers were not required to file Proofs of Claim for ordinary and customary refunds, overpayments, billing credits, deposits, or similar billing items. The Customer No Liability / Passthrough Claims listed on Exhibit 1 arise from either (1) Customer Security Deposits or (2) Claims that arise from Customer Billing Disputes…Accordingly, for the reasons set forth herein, the Customer No Liability / Passthrough Claims should be expunged because, in accordance with the Bar Date Order, they will be resolved in the ordinary course.”
On March 24, 2021, Beety submitted this timely Response to the Bankruptcy Court: Our claim is not an “ordinary and customary” customer billing item. We have a special type of billing claim dispute that rises on the fact that I am disabled, and unlawful charges were placed on the household account that interfered with my disabled accommodation. Those unlawful charges were surcharges that are not allowed under the ADA/ADAA and FHAA. This is a meritorious disabled rights claim that was never resolved. It should be resolved by a full and complete refund. Closing my claim would be yet another burden, abrogating my civil rights. Please ensure that my rights are protected.
Faced with a federal judge who had read Beety’s response, PG&E withdrew its objection to the family’s claim to the Bankruptcy Court and did not further contest it (recorded in Judge Dennis Montali’s ruling, April 5, 2021).
On April 20, Beety’s family received a full refund check from PG&E for the $415. surcharge fee, plus $24.17 interest which they had not requested. It is noteworthy that this refund was not a percentage of claim or pennies on the dollar which bankruptcy claims often receive, but a complete refund with interest.
It took facing a bankruptcy judge in court for PG&E to quit fighting and refund fees that were unlawful surcharges under the ADA and that discriminate against disabled people.
Beety said, “With this action, PG&E and other utilities must now halt their practice of charging unlawful “opt-out” surcharge fees to customers disabled by electromagnetic sensitivity or who have other EMF-sensitive medical conditions, and the companies must refund all unlawful surcharge fees already paid by these disabled customers. Utilities must allow the simple, readily achievable, and reasonable disabled accommodation of analog, electromechanical, non-digital utility meters for all disabled persons who require them.”
Remember in 2015 when PG&E was threatening to turn off power to customers refusing to pay their “opt-out” fees.

California court ruling upholds Wi-Fi disability case

A California appeals court has ruled that Wi-Fi sickness, also know as EHS, merits disability accommodation.

On February 18, 2021 a decision was entered in the case of Brown v. Los Angeles Unified School District (LAUSD) at the 2nd district Court of Appeals in California. The court concluded that “Brown adequately pled her cause of action for failure to provide reasonable accommodation for her disability.” They reversed a lower courts decision that had ruled in favor of LAUSD. 

Brown is a teacher in the LAUSD school district. After the school upgraded their Wi-Fi system Brown experienced, “chronic pain, headaches, nausea, itching, burning sensations on her skin, ear issues, shortness of breath, inflammation, heart palpitations, respiratory complications, foggy headedness, and fatigue, all symptoms of Microwave Sickness or EHS.”

Brown sued LAUSD after efforts to obtain reasonable accommodations failed. The trial court ruled in favor of LAUSD. Brown appealed that decision and won. The appeals court based their decision on California’s Fair Employment and Housing Act (FEHA) which provides disability protections independent of, and above and beyond the Americans with Disabilities Act (ADA). Excerpt from the Decision:

“The Legislature has stated its intent that “physical disability” be construed so that employees are protected from discrimination due to actual or perceived physical impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling.”

“FEHA states a “physical disability” includes, but is not limited to, “any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine…Limits a major life activity…`Major life activities’ shall be broadly construed and includes physical, mental, and social activities and working.”

You can read the decision here:  Brown vs LAUSD

JML Law Wins Appeal in ‘Unprecedented’ Disability Case Against LAUSD For Failure to Accommodate Teacher With Electromagnetic Hypersensitivity https://www.accesswire.com/viewarticle.aspx?id=637661&token=hzivngfkuma2h2xz6rhu

City of Sebastopol defends senior residents against PG&E smart meters

Half of the gardens in front of mobile park homes have been removed for new electrical work.

A majority of residents from Fircrest Mobile Home Park in Sebastopol signed a petition asking the City of Sebastopol to help them avoid the installation of “smart meters” and to retain analog meters in their senior community. PG&E has been working in the mobile home park since July replacing utility lines in order to switch all homes from sub-metered analogs to smart meters.

In support of the residents’ petition, the City of Sebastopol sent a letter to the mobile home park management with a copy to PG&E, with a reminder that in 2013 the City of Sebastopol adopted a temporary moratorium on smart meter installations and related equipment.

The letter stated that the park’s initiation of the electrical work has resulted in residents facing the need to meet an unanticipated fee in order to “opt out” of smart meter installations that they did not request. They ask, “The Sebastopol City Council asks your cooperation in either paying the opt fee for the residents of the park, and/or your request of PG&E that they retain the analog meters.” 

The letter pointed out that Fircrest Park’s residents can be considered “Captive” in the mobile home park by reason of their dual status as both home owners and tenants which the City maintains is both unfair and possibly a violation of the protections of the California Mobile Home Residency Law.

81 residents of Fircrest Mobile Home Park have signed the petition (from 68 out of 87 total households) to oppose smart meters. Many believe smart meters would negatively affect the aesthetics and significantly decrease the value of their home. As park residents learned more about how smart meters emit pulsed microwave radiation 24/7 very near to their bedrooms and living quarters, they have expressed a growing concern about the negative health and safety impacts of these devices.  The fact that Fircrest Mobile Home Park is a high density senior residence adds to the concern about the cumulative effect of so many microwave emitting devices in such a small area.

Peer-reviewed scientific research shows that exposure to wireless smart meters is associated with increased health problems. Dr. Martin Pall reports, “18 more recent epidemiological studies, provide substantial evidence that microwave EMFs from cell/mobile phone base stations, excessive cell/mobile phone usage and from wireless smart meters can each produce similar patterns of neuropsychiatric effects, with several of these studies showing clear dose-response relationships…Among the more commonly reported changes are sleep disturbance/insomnia, headache, depression/depressive symptoms, fatigue/tiredness, dysesthesia, concentration/attention dysfunction, memory changes, dizziness, irritability, loss of appetite/body weight, restlessness/anxiety, nausea, skin burning/tingling/dermographism and EEG changes.” See also this smart meter study. 

Media and numerous customer complaints reported electrical costs skyrocketed after smart meter installation.  Smart meter malfunction has also been implicated in smart meter fires and burned out appliances.

Sebastopol’s General Plan includes protective electromagnetic field (EMF) policies; for example Community Health and Wellness Policy 4-2: “minimize unsafe EMF radiation levels near sensitive areas such as schools, hospitals, playgrounds, high density residential, and libraries when planning for electrical transmission facilities repair and new construction.” (page 10-6 in the General Plan.)

11/27/2019 UPDATE:  Gas analog meters have been installed and electric analog meters are currently being installed. Thank you PG&E!

City of Seaside CA denies 5 cell towers

On September 19, 2019, the City of Seaside California denied four 4G “small cell” towers and another cell tower on a church. The reasons for denial were primarily based on visual/view shed impacts and their municipal code that states projects will not adversely impact the character of the community and its rights of way.
A council member stated they should not violate the investment that residents make in their homes and also that the Public Rights of Way are for the PUBLIC and therefore the public needs to be heard.
The Verizon attorney stated (at 3:38:33), “We need 4G as a backbone for 5G.”
The hearing starts at 1:34:57 and goes till the end of the video.

Free smart meter opt out for North Carolina

Great big thanks to activists in North Carolina who won a free utility smart meter opt out provided they submit a simple note from a doctor to the utility.

The North Carolina Utilities Commission (NCUC) decision states, “…the Commission believes it is inappropriate to require customers who maintain that they need to avoid exposure to RF emissions to the extent possible to protect their health to pay [Duke Energy Carolinas] DEC’s proposed smart meter opt-out charges.

Andrew McAfee, an activist leader in this case said: “The removal of Duke’s opt-out fees stops that added insult to injury for many who suffer debilitating electrosensitivity conditions and their associated health costs,”  “Most importantly, the NCUC order recognizes our medical doctor’s proper role in determining what is healthy, not the FCC.”

The note from the doctor does not need to explain any diagnosis or symptoms, but would need to be signed and notarized and simply state:

“I am a medical physician licensed by the North Carolina Medical Board. ______________(Name of Duke Energy Customer) must avoid exposure to RF emissions to the extent possible to protect ______ (his or her) health.”

In California, and in other states, utilities charge extortion fees to avoid smart meters. This case in North Carolina sets an important precedent.

More: Landmark NCUC decision

Verizon withdraws application for “small cell” towers in Sebastopol.

On February 6, 2018 Verizon applied for a major use permit to install two “small cell” towers in Sebastopol at Hutchins and S. Gravenstein, and at McFarlane and Woodland.

EMF Safety Network (EMFSN) opposed Verizon’s application in a letter sent May 29 stating, “The proposed towers would add unsightly equipment, overload poles, devalue property, and increase radio frequency radiation in our neighborhoods.” EMFSN presented peer-reviewed published science which shows cell tower radiation harms people and the environment.

In addition EMFSN retained Best Best and Krieger attorney Gail Karish to draft a letter outlining the legal ways a California city can deny a “small cell” in the public rights of way, and presented this letter to Sebastopol on April 24th..

On Thursday, May 31 Dana Morrison, Sebastopol assistant planner wrote, “This email is to inform you that this application, which was scheduled for a Planning Commission Public Hearing on June 12, 2018, has been withdrawn by the applicant. “

Sandi Maurer, Director of the EMF Safety Network said, ”We’re thrilled Verizon backed out. Wireless has become pollution, and we need to reduce, for example save corded landlines and use cell phones for emergencies, to better protect public health and the environment.”

New Mexico regulators reject smart meters!!

New Mexico Public Utilities Commission has rejected a plan to install a half million smart meters. “The plan presented in the Application does not provide a net public benefit and it does not promote the public interest,” wrote the Commission. Whereas every other US state with rare exception, is forcing smart meters on residents, or charging extortion opt-out fees, Santa Fe regulators have historically upheld the public’s best interest by rejecting smart meters!

The Santa Fe New Mexican reported Chairman Sandy Jones cited “rate increases, an excessive opt-out fee, and layoffs as deal breakers”.

This decision is in stark contrast to what the California Public Utilities Commission did in 2010, which was to partner with the utilities and rapidly deploy millions of smart meters with no safety review, and despite thousands of complaints. There are four appeals filed in 2015 still pending in this case.

According to New Mexico activist and author Arthur Firstenberg, “The decision means there will not be smart meters in the near future in New Mexico’s metropolitan areas: Santa Fe, Albuquerque, Las Vegas, Clayton, Ruidoso, Tularosa, Alamogordo, Silver City, Lordsburg and Deming.”

Thank you to all the activists and educators who helped make this happen. Great big Congratulations!