Local Authority Over Wireless Facilities in Public Rights-of-Way

EMF Safety Network engaged Best Best and Krieger partner Gail Karish to provide the legal means in which a California city can deny a small cell application in the public rights of way (PROW). Attorney Karish presents this information alongside the limitations on local authority in order to know the full scope of what a city can and can’t do.

Although the attorney has addressed the City of Sebastopol, the letter and legal advice is applicable and can be presented to any California city so they can know they are not powerless over small cell deployments.

April 24 2018 Letter to EMF Safety Network re: small cell

 

One thought on “Local Authority Over Wireless Facilities in Public Rights-of-Way”

  1. Hi, I was arrested for refusing a smart meter and a trial is scheduled. I’d like to use some poster sized artwork in my defense. For example, the “Mr. Smart Pants” cartoon. Do you have high resolution files of images that would “speak a thousand words” to a jury, suitable for enlarging to poster size?

    More information is below, and available upon request.

    Thank you for your consideration,
    Michelle Mancini
    843-757-9222

    Police in South Carolina Arrest Woman to Force Smart Meter in Blatant, Illegal Overreach
    https://stopsmartmeters.org/2018/02/21/breaking-news-out-of-south-carolina-armed-officers-arrest-and-jail-woman-to-enforce-smart-meters/

    Judge Allows Evidence of Harm
    from Smart Meters in Scheduled Trial

    Justice was partially served in Bluffton Magistrate Court in South Carolina on Wednesday, May 2nd, when Judge Douglas Novak ruled that the State of South Carolina cannot block evidence that “smart” meters are harmful. In her upcoming trial, Ms. Michelle Mancini, who was arrested for removing her digital “smart” meter and replacing it with an analog, will now be able to share with a jury the reasons why she did so. One reason is that her meter is a two-way communication device and acts as what one safe-energy advocate described as a “giant transmitting antenna:”

    “Communication is normally transmitted on cables designed for it. Examples are telephone cables, coaxial cables and cables for computer networks. These are all designed to limit the radiation from the signals.

    The electrical wires in homes and businesses, as well as the power lines along the streets are not designed to carry communication signals. Here, the PLC [meter] signals turn the wires into giant transmitting antennas. This is caused by the modification of the electrical and/or magnetic fields created by the PLC signals.” http://www.eiwellspring.org/plc/PLC_smartmeter_health.htm

    Also in this hearing, Ms. Mancini let the judge know that she had not been given all the evidence she had required of the State in discovery. The State acknowledged this, and said they would provide the rest of the evidence. Based on the evidentiary shortfall, Ms. Mancini requested that the trial be postponed, but Judge Novak did not grant that request, and set a trial date for May 18, 2018. Ms. Mancini will be requesting a time extension for reasons that include lack of full discovery.

    The prosecutor averred in court that the sheriff’s office found Ms. Mancini had no criminal history, despite the fact that the arresting officer accused her of having a file and being in the “system.” The judge and the prosecutor established that there was, indeed, no criminal history for Ms. Mancini, and that the accusations were baseless.

    The judge did not allow Ms. Mancini to read into the record a Demand for Dismissal based on Palmetto Electric’s falsely sworn police report. Ms. Mancini has filed a writ of mandamus with the SC Court of Appeals.

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