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

Interview with Dr. Martin Pall on the health impacts of 5G

This is a great 9 minute interview by Full Measure TV with Martin Pall, PhD, Professor Emeritus of Biochemistry and Basic Medical Sciences in the School of Molecular Biology at Washington State University.

Excerpts:  “Chances are you haven’t met many people like Professor Martin Pall.  Sharyl: Is it true that you do not carry a cell phone? Martin Pall: Yes, I don’t carry a cell phone…But before you make the mistake of writing off Pall as a nutty professor, you should know he’s considered one of the world’s pre-eminent scientists on Electro Magnetic Fields.”

“Sharyl: Is it your feeling that mobile phone use and 5-G in the future have been and are causes of chronic disease epidemics in this country?

Pall: I believe that the exposures we already have are producing major effects already on our health. And that 5-G will be vastly worse than anything that we, we are already exposed to.”

“Sharyl: How do you explain them saying the science doesn’t exist, that there’s nothing that gives us cause for concern?

Pall: It’s all corruption. There’s no other explanation. I think they’re at least 25 different reviews that have been published on this over the years.”

“Pall: We need to dramatically decrease exposures. We’re taking risks of the sort that no rational society can possibly take. We’re doing it blindly, and in my judgment with absolute stupidity.”

Brainwashing vs. Brainwashing: Eastern and Western World views and Wireless Woes

By Patricia Burke, 9/9/2019.
A few months ago, while lying on the acupuncture table, I broke my nose. Understanding how and why that happened, and the danger it presents, could change everything.

Brain-Washing: Timeless Ayurvedic Knowledge and Wisdom

Chiropractor and Ayurvedic expert Dr. John Doulliard has written a number of articles about ancient medicine’s practices of “brainwashing.”

But he isn’t referring to the kind of brainwashing that Westerners think of when they hear the word. He is speaking about practices developed by Indian sages, thousands of years ago, to support the cerebral-spinal fluid’s action in detoxifying the brain.

I have written numerous articles on the new discovery of lymphatic vessels that drain 3 pounds of toxins annually from the brain while you sleep at night, but this understanding is just the tip of a massive health-promoting iceberg—and I am super excited to share these latest developments regarding the best ways to detox your brain.

For me, the most exciting part is how the ancient practices of Yoga and Ayurveda, which directly addressed brain cleansing, are now being supported by new studies linking cerebral spinal fluid (CSF) flow to brain lymph drainage.

Dr. Douillard goes into further detail about the glymphatic system recently “discovered” by modern science in his article, “The Brain Cleansing Process.”

Brain States: Cool, Cushioned, and Lubricated, or Overheated, Compressed, and Dehydrated?

In addition to detoxification responsibilities, while studying yogic anatomy, I learned from one of my mentors, Swami Nirmalananda, that the cerebral-spinal fluid flows up and over the top of the head to perform 3 functions:

  • To cool the brain
  • To lubricate the brain
  • To cushion the brain

When the human energy field detects what it perceives to be a dangerous frequency in the electromagnetic environment, is it responding with a mechanical defense strategy that inhibits this process?

I propose that a remarkable thing happens. Alongside the other well-known components of the fight-or-flight response, the bony plates in the skull can contract in order to create a protective helmet-like physical barrier to protect the brain.  At the same time, the sac that surrounds the heart (the pericardium) can tighten up in order to act as a shock absorber.

Why does the body do this? Continue reading Brainwashing vs. Brainwashing: Eastern and Western World views and Wireless Woes

RIP Maria (Sargent) August who suffered and died from EHS

Maria (Sargent) August
Ani Thupten Tsondru
August 3, 1970 – March 12, 2019

It is with a heavy heart to report that Maria (Sargent) August took her own life this year because of pain and suffering from Electromagnetic Hypersensitivity (EHS) and Epstein-Barr Virus. Maria was electrically injured by smart meters. She was recovering from car crash injuries on a couch that had a bank of 16 smart meters on the other side of the wall. Her parting words are below. Let us resolve to work towards establishing safe zones for people with EHS. May Maria be surrounded with love and care.

In 2018 Maria was interviewed by Nicolas Pineault author of the Non-Tin Foil Hat guide to EMFs.

From Maria (Sargent) August: On March 12th, I chose to end my Earth Walk and reunite with the Mother of All Things. I wanted to free myself from the straightjacket of electrifying pain and neurological debilitation of Electro-Hypersensitivity (EHS) and Epstein-Barr Virus (EBV). These hidden modern-day epidemics humbled me and connected me to the great suffering of others. Yet, they also shattered and dehumanized me. 

The constant tension of strange symptoms and crushing pain left me cut off from a life of embodied prayer and active altruism; I felt alienated from my true nature and impotent to be of service. I decided the greater good was to give my life with the aspiration to raise awareness and help others. As Thomas Merton said, “Man has no greater love than that he lay down his life for his friend.”

If anyone asks, you can say I ended my own life. But it would be more accurate to say I died from Electromagnetic Field (EMF) poisoning. I am not ashamed of my actions. They were based on compassion for my own suffering and the desire to prevent more people from becoming sick.  

I’m not the first person with Electro-Hypersensitivity (EHS) to die by their own hand, but perhaps I’m the first to publicize it. And that’s my whole intention. Let me be the posterchild for this 21st century plague. Let me be the impetus for positive change. What sends a stronger message than death? The message is: seek the truth and learn how to protect yourselves. The message is: create housing opportunities for people with EHS.

Manmade Electromagnetic Fields (EMFs) at current astronomical levels are unprecedented in human history. And they are not safe. Human cells cannot function properly under this 24/7 radiation shower. That is why people are getting sick. I chose to die so you would know how important it is to reduce your exposure to this invisible toxin. I chose to die so the world would see that safe camps for EMF refugees are desperately needed.

EHS has all the ingredients of torture: cause someone intolerable pain, separate them from the community, and prevent them from sleeping. Is that a risk you are willing to take? Is that a life you want for your children? It’s much, much easier to prevent than to cure. And those, like me, who get a severe case, find there is nowhere to live, detox, and recover. Let us care for this growing population of our society. Now is the time to start developing wilderness Safe Havens. Every person deserves a safe place to call home.    

I do not want a funeral, memorial service, or life celebration. Instead, please help the living by honoring my three final wishes. Thank you and may you be well.

  1. Take simple steps to lower your EMF exposure and stay healthy. Organize housing for people sick with EHS. Resources for this are: the fantastic book The Non-Tinfoil Guide to EMFs and the “Safe Haven tab”.
  2. Cleanse your body of radiation, viruses, heavy metals, and pesticides, which cause EHS and other chronic illnesses, including lupus, Lyme, MS, RA, and cancer. It’s fun and yummy!  Read the beautiful book Life Changing Foods by Anthony William.
  3. Take extra good care of each other. Spend time each week in loving service to a sick, injured, or housebound person. Let them know they are not forgotten. This is the true purpose of being human. Resources for this are: the books Everybody Always by Goff, Peace Pilgrim, and the “TLC Book tab”. 

May my death usher in a new era, an era in which EHS and EBV are taken seriously, diagnosed correctly, treated immediately, and prevented widely. May this be an era of permaculture eco-villages, bountiful food forests, abundant altruism and safe technologies. I gladly sacrifice my life for that purpose. May it be so!

Look for me in the sun, the moon, and the stars. Pray that I’ve melted into Mother Luminosity and am helping all beings, in all worlds, in all ways. May the bodhichitta flourish!  

 

EMF Health Effects Survey 2019

The EMF Health Effects Survey 2019 is an anonymous survey circulated online from 11/27/2018 to 1/27/2019 through the EMF Safety Network lists, website, and affiliate online EMF groups. There are 876 respondents and over 1300 comments. THANK YOU to all who took the survey and to all who helped to circulate it!

Ed Halteman, PhD of Survey Design and Analysis has prepared a report of the Survey Results. A summary of the results is 52% of all respondents stated “severely”or “a lot” in response to the question of “How much does the current EMF environment (cell phones/smart meters/wireless etc.) limit your lifestyle – your ability to work, shop, play, and or spend time with friends and family?” 22% said they are affected a moderate amount, 15.6% a little and 10.5% not at all limited. 

Respondents were asked to best match themselves to the following descriptions which are synonymous with mild, moderate, and severe Electromagnetic Hypersensitivity (EHS). 49.3% said they are EMF Aware: “You are aware that electromagnetic fields and wireless radiation affect your health or make you feel unwell”
27.5% EMF Injured: “You have been injured by electromagnetic fields and/or wireless radiation”
19.1% Radiation sickness: “You have electromagnetic radiation sickness, a severe and chronic condition”
4.1% None of the above

The top health problems all respondents experience(d) and believe are related to EMF exposure are: Sleep; Fatigue; Concentration, memory or learning problems; and Stress and anxiety.

The top EMF device(s), all respondents believe caused or worsened their health problems are: Wi-fi; Cell phone; Smart meters; and Cell or radio tower.

The top remediations that people tried and reported as most helpful were: Prudent avoidance of EMF; turning electricity off at the breaker box, and shielding. The least helpful remedies were reported as: Medical doctors, prescription drugs and counseling or therapy.

When you look at the survey results segmented by self-description the numbers change. People with Radiation sickness had twice the number of health problems as EMF Aware, and 50% more than EMF Injured.

94% of people with Radiation sickness reported Concentration, memory or learning problems, compared to 47% of EMF Aware. People with Radiation sickness were more affected by cell or radio tower.

See the survey report by Survey Design and Analysis for more details on all descriptors and varying results between the three groups as well as a link to Survey summary and all comments. http://emfsafetynetwork.org/wp-content/uploads/2019/03/EMF_Wireless-Study-2019_Final-1.pdf

There is much to learn, and much more to say about these results. How can we best use this? Circulate this report to doctors and decision makers. Try a solution you haven’t tried yet. Have more compassion for people who are more affected than you. Understand not everyone is equally harmed. What else? Let us know!

In closing, please read the following commentary on this survey by Cindy Sage:

The many hundreds of comments written by people responding to the EMF Health Effects Survey 2019 by the EMF Safety Network are illuminating and profoundly disturbing. The Survey itself is invaluable to teach us what it is like to live a life with EHS limitations.  It doesn’t matter whether you live in the US, or Canada, or western Europe or Scandinavia. Or Asia. Or Australia.  The accounts are so similar.  The demoralizing effects are the same. 

What is obvious is that these people are expressing the symptoms of microwave radiation illness that could be predicted based on decades of international scientific studies.  The physiological basis for brain and body effects from microwave radiation exposures are well-accounted for in the science – so it should be no surprise to hear it.  At least a dozen major studies and reviews of cell tower-level RF exposures (of 0.1 microwatt per centimeter squared or more) have identified these same health effects the Survey presents through the personal comments of responders.

We don’t often get a window into the life of a person with EHS – how isolating it is – how marginalized people are – and how withdrawn they must become to protect what is left of their health.  We need to listen with ears wide open.  This is real and real people are living greatly diminished lives.  Imagine yourself forced to give up a productive life to live on the edge, and that edge keeps moving. Imagine being denied access to business opportunities, education, transportation, healthcare, public participation, recreation and places of celebration and renewal. 

Again and again we are hearing the same things.   I lived a normal life until… smart meters were installed on my wall… until a major macrocell tower was built next door…. until my office installed several wireless routers.   My family didn’t understand.  It took me some time to realize what was making me sick.  It destabilized my relationships.  I lost my freedom.

People with EHS have to give up so many things most people take for granted in life.  Shopping, going out to dinner, attending meetings in public places, going to a child’s graduation or recital, travel along an interstate or by rail or air.   Everyday activities that make up the fabric of life are no longer accessible – at least without paying the price.  

It is an insidious and invisible progression where the activities of daily life are incrementally diminished by exposures that intensify with time, subject to no health and safety accounting at all.   No one is keeping track of cumulative RF body burdens.  There is no governmental agency that is tracking EHS illness reports, nor conducting a serious effort to revise health standards.

Perhaps the most valuable lesson we can learn from this Survey is educated compassion. The first thing we can do is to accept that EHS is real.  The next thing we can do is to change our own behaviors.  And, after that, wherever we have influence – we need to help others find healthier ways of interacting with technology that protects all of us.”

Cindy Sage
Editor, BioInitiative Reports
Sage Associates