This Spring, La Jicarita Coopertive in Mora County began a county-wide installation of their new "smart" meter program for their fiber optics upgrade. At a town meeting in Wagon Mound, their spokespersons explained the advantages of faster internet to a town of 300 residents who average about 1% on computer/internet services. What the spokespeople did not tell them about the intended "smart" meter installation at every home and business, was that the "type of radiation emitted by both cell phones and "smart" meters has been linked to cancer by the World Health Organization (WHO), reversing its previous stance. Radiofrequency (rf) radiation has been placed in the same category of carcinogens as lead, DDT, engine exhaust, pesticides, and chloroform. That means smart meters even moreso as Hirsch reports smart meters to emit up to 160 times the whole body radiation compared to cell phones."
On July 5, 2011, a federal district court judge in New Mexico ruled that the Telecommunications Act preempts the Americans with Disabilities Act (ADA), even if such an interpretation would "condemn a class of citizens to death because of their disability." He further ruled that the Telecommunications Act supercedes the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.
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This decision by Judge James A. Parker goes to the essence of the conflict between wireless technology and health. But the breadth of the decision will also have implications for every person with a disability in this country, all disability organizations, and fundamental civil liberties. What remains of the ADA if it cannot even prevent a taking of life? What remains of our constitution? This opinion is so egregious and clear that it presents an opportunity on appeal to link our issue to popular issues, to generate real publicity, and to involve influential people all over the country.
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The case, Firstenberg v. City of Santa Fe, Case # 1:11-cv-00008-JAP-WDS, relates to AT&T's upgrade of all of its cell towers in Santa Fe, which occurred last November 15. In district court, I argued that the city's failure to require a permit from AT&T for its upgrades is part of a systematic policy that discriminates against people with disabilities. I also argued that because the Telecommunications Act requires universal coverage of the United States with "advanced telecommunications
services," people with electromagnetic hypersensitivity will have no place to live where they can survive.
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You can help. The judge's ruling must be appealed to the Tenth Circuit Court of Appeals by August 4. On July 10 I was on a teleconference with people in several parts of the country who are involved with this issue,
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including some who have brought related lawsuits or are considering doing so. They are looking for a lawyer or disability organization to appeal this case. However, time is short, and there is a good attorney here in Santa Fe who will take the case if we can raise $20,000 in the next two weeks. We already have commitments totaling $5,000.
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If you work with a disability organization, please forward this email to them and ask them if they want to be involved, either by filing an amicus brief later or taking on the case now. Also forward it to other individuals or organizations who may be interested in helping.
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We are asking those who can help to respond by email telling us the amount that you can pledge toward this legal case. Donations will be tax deductible.
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Thank you.
>>
Arthur Firstenberg
PO Box 6216
Santa Fe, NM 87502
(505) 471-0129
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This decision by Judge James A. Parker goes to the essence of the conflict between wireless technology and health. But the breadth of the decision will also have implications for every person with a disability in this country, all disability organizations, and fundamental civil liberties. What remains of the ADA if it cannot even prevent a taking of life? What remains of our constitution? This opinion is so egregious and clear that it presents an opportunity on appeal to link our issue to popular issues, to generate real publicity, and to involve influential people all over the country.
>>
The case, Firstenberg v. City of Santa Fe, Case # 1:11-cv-00008-JAP-WDS, relates to AT&T's upgrade of all of its cell towers in Santa Fe, which occurred last November 15. In district court, I argued that the city's failure to require a permit from AT&T for its upgrades is part of a systematic policy that discriminates against people with disabilities. I also argued that because the Telecommunications Act requires universal coverage of the United States with "advanced telecommunications
services," people with electromagnetic hypersensitivity will have no place to live where they can survive.
>>
You can help. The judge's ruling must be appealed to the Tenth Circuit Court of Appeals by August 4. On July 10 I was on a teleconference with people in several parts of the country who are involved with this issue,
>>
including some who have brought related lawsuits or are considering doing so. They are looking for a lawyer or disability organization to appeal this case. However, time is short, and there is a good attorney here in Santa Fe who will take the case if we can raise $20,000 in the next two weeks. We already have commitments totaling $5,000.
>>
If you work with a disability organization, please forward this email to them and ask them if they want to be involved, either by filing an amicus brief later or taking on the case now. Also forward it to other individuals or organizations who may be interested in helping.
>>
We are asking those who can help to respond by email telling us the amount that you can pledge toward this legal case. Donations will be tax deductible.
>>
Thank you.
>>
Arthur Firstenberg
PO Box 6216
Santa Fe, NM 87502
(505) 471-0129
