Wireless Industry Sues SF Over Disclosure Law
Will Arcata Blink in the Face of Corporate Legal-Muscle Flexing?
The wireless industry, up in arms since San Francisco passed a first-of-its-kind ordinance requiring cell phone retailers to disclose radiation levels of each cell phone sold at the point of sale, unsurprisingly filed a lawsuit against the city over the law. CTIA, a non-profit association of cell phone industry representatives, filed a complaint in the Federal Ninth District Court July 23 claiming that the city is overstepping its authority with the new regulations. Arcata, along with Burlingame, CA, have been warm to idea of following in San Francisco’s footsteps.
According to the complaint, CTIA is claiming that the Federal Communications Commission, the regulatory body that oversees the wireless industry, has developed standards from which a cell phone is considered in compliance and is “safe.” The complaint alleges the following:
- Federal law preempts San Francisco’s ordinance, and as such the law encroaches unlawfully on a regulatory agency’s power
- The law conflicts with federal law because it challenges, directly or indirectly, the FCC’s ruling that cell phones that meet its standards are safe, disrupts Congress’ goal of creating uniform standards across the wireless industry, and “upsets the balance between public safety and an efficient nationwide wireless network”
The outcome of the fight will surely determine the fate of municipalities creating laws of this nature, and surely a victory on the part of SF could instigate a wave of copycat legislation in other cities, particularly if public officials are no longer concerned with litigation. This is why this fight is so important for all parties concerned, and why the cell phone industry will fight tooth and nail to overturn this law.
Arcata Councilmember Shane Brinton, who spearheaded the city’s move toward an ordinance similar to SF’s law, said via email that he is consulting with the city attorney and watching how the fight pans out to figure out what the city’s strategy will be.
“The wireless industry knows they’re on the wrong side of history,” he said, “but they’re going to throw up as many roadblocks as they can.”
On July 21, Brinton brought the issue up for discussion at Arcata’s Council meeting, and after a 15 minute or so discussion, the council voted 4-0 (Mark Wheetly was absent) to direct staff to research and draft a disclosure ordinance for Arcata. He mentioned at that meeting that the wireless industry sent a letter to the city threatening litigation if they moved forward with a disclosure ordinance. In the recent past, particularly with a proposal to overhaul the city’s campaign finance laws, the council has been wary of making itself a target for litigation, especially after the Youth Protection Act fiasco, although the city didn’t have to pay for legal fees in that fight.
Regardless of how the battle plays out, Brinton said he is happy that the council approved the basic concept of the ordinance.
“It sends an important message to state and national legislators, as well as the cell phone industry.” he said. “San Francisco is not alone. This is a growing movement.
