Author: johnp

On December 30, 2011 a group in Naperville, Illinois filed a federal lawsuit asking for a permanent injunction against the mandatory installation of Smart Meters in the city of Naperville. They are alleging violations of the Fourth, Fifth and Fourteenth Amendments of the Constitution. The lawsuit states that by installing Smart Meters without consent, the City of Naperville is invading citizens’ privacy and taking their property without due process of law.

On December 20, 2011 the opening brief was filed in an appeal involving the rights of people disabled by electromagnetic radiation. The reply brief was filed February 21, 2012.

The case, Firstenberg v. City of Santa Fe, was originally filed in state district court in New Mexico to assert the rights of people with disabilities whose lives are threatened by the proliferation of cell towers.

The rights at issue are fundamental. The Americans with Disabilities Act (ADA) requires municipalities to consider the needs of people with disabilities in zoning decisions. The Fourteenth Amendment of the Constitution guarantees to every person the equal protection of the laws, and says that no person shall be deprived of life, liberty or property without due process of law.

AT&T, also a party to the lawsuit, removed the case to federal district court, where Judge James A. Parker ruled that the Telecommunications Act of 1996 preempts the ADA. He also ruled that people with disabilities are not entitled to the protections of the Fourteenth Amendment if it would interfere with the construction of a national wireless telecommunications network. This has been appealed to the Tenth Circuit Court of Appeals in Denver.

With the opening of the school year in Israel, the Education Ministry issued new guidelines limiting the use of mobile devices by students. The guidelines were issued following an appeal by two lawyers, Vered Cohen and Raanan Bar-On. The new guidelines allow use of cell phone in schools only in designated areas.

By Dafna Liel, for Israel Channel 2. http://norad4u.blogspot.com/2011/09/israeli-ministry-of-education-is-going.html

Students are not allowed to speak on their cell phone while in school: new guidelines published by the Ministry of Education on August 30th, 2011, significantly restrict cell phone use by students on school grounds.

According to the new guidelines, students should refrain from talking on their mobile devices on school grounds and if necessary they should use only text messaging or headphones.

Students who wish to talk on their cell phone would have to go to designated areas.

The new guidelines set up by the Ministry of Education were issued following an appeal made last May to the Education Minister, Gideon Saar, by two lawyers, Vered Cohen and Raanan Bar-On.

In their appeal, the lawyers urged the Minister to take action against the widespread use of mobile phones by students, which is very common even amongst students in the first grade.

Professor Siegel Sadetzki, Director of the Cancer & Radiation Epidemiology Unit in the ‘Gertner Institute’ in ‘Tel-Hashomer’ Hospital, and the representative of the Ministry of Health told ‘Channel 2’ that “we recommended to reconsider the age in which cell phone use would be allowed, however, we cannot sweepingly ban the use of cell phones”. She added: “We recommend precautionary use of cell phones but we do not think it is necessary to prohibit the use completely”.

Children and youth are more vulnerable to damage from cell phones’ radiation “There is concern of an increased risk of developing malignant tumors from the use of cell phones, and children and adolescents are more vulnerable to the damage of electromagnetic radiation” explained Cohen and Bar-On presenting the recent recommendations of the ‘Council of Europe’ to limit children and adolescents exposure to radiation from mobile devices. In their appeal the lawyers wrote:

“Although two bills were introduced to prevent mobile phone use in order to protect the health of students, this complicated issue hasn’t been resolved so far.” They added, “this issue concerns the lives of our young children and therefore, we should take action preemptively.”

Bar-on and Cohen also explained that the risk exists even for students who choose not to use a mobile device. “The fact that some children choose not to use a mobile phone is not protecting them as the radiation is affecting them despite being ‘passive,’ because other children use the cell phones on school grounds.”

Download PDF

On July 20, 2011, three Green Party members of the Belgian Parliament introduced the following resolution recognizing electro-hypersensitivity:

PROPOSED RESOLUTION THE HOUSE OF REPRESENTATIVES,

A. Considering the growing exposure of the population to various electromagnetic fields;
B. Considering that there exist a growing number of citizens who suffer from complex effects on their physical and mental health, linked to exposure to electromagnetic radiation;
C. Considering that those complex effects can cause a very significant deterioration of the social context within which these persons are able to move;
D. Considering that few studies really take account of the link between the exposure and the evoked symptoms, nor of the potential damage to exposed but non-affected citizens;
E. Considering that professional training in this matter is almost non-existent, probably because of the present very weak state of scientific knowledge in this area;
F. Considering that there are numerous prospective studies in progress with diverse preliminary results that tend towards real messages of precaution with regard to exposure to this type of radiation;
G. Considering that developments in other countries have permitted a substantial amelioration in the lives of, and social integration of, citizens affected by these symptoms;
H. Considering that it is essential to respond in an adequate fashion to the suffering which these people report, in their everyday lives, within their families and in their work, in order to preserve a strong social link that permits them to surmount so stigmatizing a handicap;
I. Considering that the WHO has declared, following an intensive review of the scientific literature, that “however, our knowledge of the biological effects of these fields still contains gaps and research must be pursued in order to fill them”;
J. Considering that there is no broad consensus among scientists to assure a total absence of long-term harm from this radiation;

CALLS ON THE FEDERAL GOVERNMENT,

1. to officially recognize the existence of the syndrome “electro-hypersensitivity” as an illness and to recognize as a handicap the maladjustments and functional impairments that result, in consultation with the academies of medicine and the Council of Health;
2. to conduct and take part in studies aimed at bringing to light the exact mechanisms and establishing the causal link between exposure and symptoms;
3. to make health professionals aware of the existence of this syndrome and to strengthen their education relative to environmental illnesses both in their core curriculum and in the continuing education classes that they are required to take;
4. to strongly apply the precautionary principle in the face of the significant amount of uncertainty concerning the link between exposure to electromagnetic radiation and the health effects that may be attributable to it;
5. to require, in public places, zones that are free from WiFi, WiMax and DECT [cordless telephone systems], where the use of portable telephones would be prohibited, in order to protect electro-hypersensitive persons and give them access to public, social, and health services;
6. to inform the managers of public establishments, including health establishments (hospitals), but also community facilities such as day-care centers, rest homes and nursing homes, about the needs of persons suffering from electro-hypersensitivity.

20 July 2011

Thérése SNOY, Green Party delegate
Muriel GERKENS, Green Party delegate
Eva BREMS, Green Party delegate

On May 27, 2011, the 47-nation Council of Europe adopted a resolution warning of the potential dangers of electromagnetic fields and their effect on the environment. Among its many recommendations the Council advised member states to “pay particular attention to ‘electrosensitive’ people who suffer from a syndrome of intolerance to electromagnetic fields and introduce special measures to protect them, including the creation of wave-free areas not covered by the wireless network.”

Founded in 1949, the Council of Europe promotes cooperation among all the countries of Europe in the areas of human rights, democracy and the rule of law. Its resolutions are influential in policy-making and its decisions have often been adopted through conventions and treaties.

The Cellular Phone Task Force has made this resolution available for download as a PDF here.

The Russian National Committee on Non-Ionizing Radiation Protection (RNCNIRP) has issued a resolution, published April 2011, addressing the urgent problem of cell phone use by children.

The document cites studies showing that since 2000 the rate of nervous system disorders among 15 to 17 year olds has increased by 85%, epilepsy has increased by 36%, mental retardation has increased by 11%, and blood and immune disorders have increased by 82%. In children less than 14 years old nervous system disorders have increased by 58%, and blood and immune disorders have increased by 64%.

The RNCNIRP states that “For the first time in human evolution, the brain is daily exposed to modulated EMF at all developmental stages.” The Russian agency recommends that urgent measures be taken, including:

• all cell phones carry a label indicating that RF radiation is being emitted
• the instruction manuals be required to state that cell phones are a source of harmful RF radiation
• children under 18 years old not use cell phones
• pregnant women not use cell phones
• advertisement of cell phones for children be prohibited

DRAFT RESOLUTION OF THE COUNCIL OF EUROPE

On April 11, 2011, a committee of the Council of Europe unanimously adopted a resolution calling for immediate action to protect the public from the harmful effects of cell phones, WiFi, baby monitors, and other wireless technologies. The resolution will be considered for adoption by the council’s full Parliamentary Assembly on May 27.

Founded in 1949, the Council of Europe, which has 47 member states, is separate from and larger than the European Union.  Its purpose is to promote cooperation among all countries of Europe in the areas of human rights, democracy, and the rule of law. Though the Council of Europe cannot impose its will on governments, it is highly influential in policy-making, and its decisions have often been adopted through conventions and treaties.The European Court of Human Rights, established in 1950, is part of the Council of Europe.

In May 2009 the Committee on the Environment, Agriculture and Local and Regional Affairs was assigned to look into “The potential dangers of electromagnetic fields and their effect on the environment.” The committee is composed of 84 Members of Parliament from member states. After two years of investigation, the committee has issued its report and adopted a resolution.

The resolution recommends that:

• Electrosensitive persons be protected by special measures, including the creation of “wave-free areas not covered by the wireless network.
• Mobile phones, cordless phones, WiFi devices and baby monitors be clearly labeled to indicate the presence of microwave radiation.
• Mobile phones, cordless phones and WiFi systems be banned from classrooms and schools.
• Zoning measures be introduced to keep high-voltage power lines at a safe distance from dwellings.
• The location of cell towers and WiMax antennas be determined in consultation with local residents and associations of concerned citizens.

The accompanying report summarizes the existing science. It states:

1. 1. Recent studies “clearly show the effects of mobile telephony microwaves on plant genes.”
      Electromagnetic waves interfere with navigation and communication in certain animals and insects. This may be one of the major causes of whales being washed up on beaches or colony collapse disorder in honeybees.
   2. Effects on livestock — cows, horses, geese, etc. — have been observed following the installation of cell towers nearby. These effects include deformed calves, cataracts, and fertility problems.
   3. Recent research was performed on more than 200 people with electrosensitivity. The studies, which involved objective clinical tests done at the Association for Research and Treatments Against Cancer, proved that this syndrome does exist, with sensitivity to electromagnetic fields across the whole electromagnetic spectrum, and that the affected people “are not feigning illness or suffering from psychiatric disorders.”
   4. Epidemiological and clinical studies show that after relay antennas are built, people who live nearby develop sleep disorders, headaches, blood pressure problems, dizziness, skin disorders, allergies, concentration problems, and impaired attention and hyperactivity of children. Changes in stress hormones have been measured in urine samples.
   5. The ICNIRP, the European body that sets exposure standards for electromagnetic fields, is “suspected of having rather close links with the industries whose expansion is shaped by recommendations for maximum threshold values.”
   6. “33% of studies funded by industrial concerns conclude that exposure to mobile telephone radio frequencies has an effect on our organism. That figure rises to over 80% in studies carried out with public funding.” This is a “manifestly unacceptable situation pointing to conflicts of interest which undermine the integrity, the genuine independence and the objectivity of scientific research.”
   7. “There must no longer be situations where whistleblowers are discriminated against and renowned scientists with critical opinions are excluded when experts are selected to sit on expert committees or no longer receive funding for their research.”

The Cellular Phone Task Force provides the document here.

Scientific studies showing negative effects of microwave frequencies on plants, insects, wildlife, farm animals, and humans “are very numerous indeed,” numbering in the thousands.

The Standing Committee of the Parliamentary Assembly meets in Kiev on May 27. It will consider whether to adopt the committee’s resolution as a resolution of the full Council of Europe.

The FCC is proposing to take the first specific steps toward the elimination of landline telephones. Comments from the public were due on or before April 18, 2011.

Below is a summary of what is being proposed.

Summary

Briefly, the FCC believes that the switched telephone network (i.e. telephone lines and switching centers) is obsolete and should be dismantled. Therefore FCC’s policy is to phase out telephone lines during the coming years and replace them with broadband service. In other words, the FCC wants ordinary telephones to be entirely replaced with cell phones and computers (voice over Internet). The first step is to take money that is now being used to subsidize rural telephone service and subsidize broadband (i.e. Internet) services instead.

The Universal Service Fund is a federal fund paid for by a surcharge on everyone’s long distance telephone bill. Until now, the fund has been used to subsidize telephone service in rural areas, as well as telephone service to people with low incomes, to make sure all Americans have access to a telephone.

This proposal by the FCC would eliminate some subsidies for ordinary telephone services within two years and reallocate Universal Service Fund money to pay for fixed and wireless broadband instead. This is the first step in eliminating the Universal Service Fund itself and creating a “Connect America Fund,” which could only be used to subsidize fixed and wireless broadband.

In addition, the FCC is proposing to reduce the allowable per-minute rate for long distance phone calls, which will make it less profitable for companies to operate landlines.

We had a major precedent-setting victory in Santa Fe Wednesday January 19, 2011. The Board of Adjustment denied AT&T a permit to hide a new base station in a church chimney because it violated a section of the City Code that requires remedies for the health and safety impacts of communication towers. The City Attorney’s office tried to tell the Board members that they didn’t have jurisdiction over health and safety because of federal law, but the Board stood firm. We had approximately 100 people show up in opposition, and everyone spoke about health. We told the board that the Telecommunications Act is not the only federal law they have to obey. There is also the ADA and the Equal Protection Clause of the 14th Amendment. In the end they quoted the city’s own code. AT&T is expected to appeal this decision to the City Council, where a bill  for a six-month moratorium on antennas and towers has just been introduced. It’s getting pretty exciting in Santa Fe.

In a related matter, the Justice Department is proposing to revise some of its ADA regulations. Read the comments of the Cellular Phone Task Force to the Justice Department.

About 100 people attended the October 25 meeting on four proposed new AT&T cell towers.

Many more applications from cell phone, WiMAX and utility companies are being submitted to the city, so many and so rapidly that it will be difficult to fight them all one by one (see list below). We need the force of sufficient numbers of citizens, acting together, to accomplish a change in city policy.

This is possible. When Miguel Chavez pushed for a moratorium on antennas and towers, he stood alone on the City Council. And I have not yet seen more than about 100 people turn out for a public hearing in Santa Fe on this issue. But we now have realtors and representatives of neighborhood associations coming to weekly meetings at Isis Medicine that are run by people with impressive talents and connections to this community. I now send these emails to 600 local people, most of whom have requested to be on this list, and some of whom have much larger email lists of their own.

Last week I sent out a letter nationwide, which some of you have received, and the response has been sobering. I will briefly tell some history, and explain what I see as the obstacles, here and nationally, and what needs doing. But first, the list of what’s coming to Santa Fe shortly:

• The four new AT&T towers already mentioned (at the Solana Center; Baillios; Fort Marcy Park; and St. John’s Methodist Church). Public hearing to be announced.
• Verizon: new microwave dishes and 4G antennas on the towers on Marcy Street (downtown) and on West Alameda near San Ysidro Crossing. Early Neighborhood Notification meeting: Nov. 15, 5:30 pm, Genoveva Chavez Community Center.
• AT&T and Verizon: new 4G antennas on the towers on Camino Entrada (near Rodeo Rd. and Airport Rd.), Sawmill Rd., and Taos St. (the sky blue tower off Cerrillos Rd.). Approval is imminent. No ENN or public hearing will be held for these.
• AT&T: new 4G antennas behind Pep Boys and on the tower above West Alameda near the transfer station. Already approved, but not yet installed because we are appealing them. Appeal date: November 17, 7 pm, City Hall, Council Chambers.
• Every other antenna and tower in the city will be upgraded to 4G in the coming months.
• Coming soon: new WiMAX towers and antennas at numerous locations all over town. Clearwire, Azulstar, TewaCom, CNSP, and other companies.
• Distributed Antenna Systems (DAS)?Extenet Systems, NewPath Networks, NextG Networks: hundreds of new short cell towers all over town. The only thing holding these franchise applications up is a pending lawsuit against the City by Qwest. This lawsuit may be settled out of court later this month.
• New Mexico Gas Co. has just installed antennas on every customer’s home in Santa Fe.
• In the future PNM will install “Smart Meters” (containing antennas) on every customer’s home, along with its own network of towers for an electrical “Smart Grid.”

As many of you know, I have been personally involved with this environmental issue for 30 years, and active for 15. Fifteen years ago was when the telecommunications industry (a) determined to put a cell phone and a wireless computer in the hands of every man, woman and child on earth; (b) made plans to blanket every square inch of the planet with radiation from antennas and towers so that all those phones and computers would work; (c) lobbied Congress to make it illegal for zoning boards to consider the health effects of all this radiation; and (d) convinced Congress to prohibit the EPA from publishing RF radiation exposure guidelines that it had already drafted and that likely would have made cell phones illegal.

All of that happened in 1995.

In 1996 and 1997, when the industry began to put its plans into effect, the consequences were predictable: widespread illness and the shattering of lives. I got to know some thousands of people whose health and lives were destroyed, and I collected their stories. In 1998 the California Dept. of Health Services conducted a random telephone survey and concluded that more than 120,000 Californians, and by implication one million Americans, were already disabled (could not work) by electromagnetic radiation. Ten million Americans felt the radiation and avoided it. Dr. John Goldsmith, at Ben Gurion University of the Nege v in Israel, helped me obtain mortality statistics. They showed what we suspected: During 1996 and 1997, n almost every major city in the US, a rise in mortality of 10% to 2 5%, lasting two to three months, followed immediately upon the advertised startup date for digital cell phone service in that city.

Opposition to antennas and towers was initially loud and vocal in villages, towns, cities and counties. Hundreds of moratoriums were put in place. But the industry’s strategies succeeded: First, prohibit citizens from objecting on the basis of health or environment. This takes the steam out of the protests and reduces the number of people who bother to object. Second, make the population dependent on their wireless devices. This reduces the opposition much more: people now not only need those towers, but no longer want to think about the health effects. Third, make the devices ever faster and more powerful: Smart Phones (3G and 4G) require denser forests of antennas and towers than older (2G) phones. Fourth, divide and conquer. There have been thousands of local opposition groups, all working in isolation and not joining forces. The few groups working on a national level represent pitifully few individuals, receive no funding, and do not work together. The millions who are made ill, disabled, and/or homeless remain invisible, isolated from one another, without any resources, and with no viable organization that they can plug into.

What needs doing is clear:

1. In Santa Fe, and nationally, people who are concerned about, affected by, or disabled by microwave radiation must find each other, work together, and put this issue on the map. There needs to be something like a Sierra Club for EMFs. Since the few existing groups in North America that purport to represent this issue on a national level have refused to work tog ether for the last 15 years, and since none of the others has a mailing list anywhere near as large as the one my organization  (the Cellular Phone Task Force) has, we thought that the thing to do was to formally re-establish the Cellular Phone Task Force on a larger scale, with regional chapters, and membership dues so that we can function. Once we represent enough individuals in every part of the US and Canada, we can reach out to the other organizations from a position of strength.
2. People who are opposed to microwave radiation for health or environmental reasons have to stop being afraid to say so. We must say so loudly, repeatedly, and in large numbers. The Emperor has no clothes. The consequences of not saying so are too great, and growing greater by the day. The primary responsibility of our elected officials is to protect our health and safety. But they won’t if we don’t demand it. Any federal law that purports to forbid them from doing so violates the US constitution as well as fundamental human rights and is null and void.
3. We must become undependent on wireless technology. Right now it is mainly those who cannot use wireless technology who don’t use it, those whose lives have already been destroyed by it. To everyone else, throwing away your cell phone seems impossible. But once there is a viable, respected, national organization in place that represents this issue, and individuals, local groups, doctors, scientists and legislators are no longer afraid to speak out, this will change. It must, if we care about our planet.