CTIA to Revive Lawsuit in Response to New, Watered-Down San Francisco Ordinance
CTIA said Thursday it’s reviving a lawsuit challenging a San Francisco ordinance requiring disclosure about cellphone radiation, in response to enactment of a new, weakened version. Mayor Ed Lee approved Wednesday the measure by Supervisor John Avalos in order to “protect public health,” an aide to Lee said. Michael Altschul, CTIA general counsel, said, “Our lawsuit remains on file. Now that the Mayor has acted, we plan to resume the litigation."
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The mayor had been involved in discussions at the Board of Supervisors that produced the new ordinance, so the signing hadn’t been in doubt, the aide said. CTIA didn’t lobby Lee on the measure, he said. The association had denounced the ordinance as unneeded and contrary to federal standards and scientific evidence.
The first ordinance, enacted last year, would have required retailers to disclose specific information about radio frequency emissions of each handset for sale. The new one requires general information about the radiation, related health questions and minimizing exposure.
The lawsuit and the original ordinance were on hold when the supervisors took up the new one. The suit, in U.S. District Court in San Francisco, sought to block the enactment on grounds that it was preempted by federal regulatory action and it contradicted FCC findings about handset safety. An aide to Avalos referred us to an official of the city Department of the Environment regarding the lawsuit. We couldn’t reach the official or a representative of the City Attorney’s Office right away.