Will San Francisco Abandon Its Cell Phone Right to Know Law?

BERKELEY, Calif. - May 6, 2013 - PRLog -- San Francisco is the first and only city in the United States to adopt a cell phone right to know law. Shortly after this law was adopted in 2010, the CTIA - The Wireless Association filed a lawsuit to block implementation of the law claiming that the law violated the industry's free speech rights under the First Amendment.

When the lawsuit was heard in the Federal District Court, the judge approved a revised Fact Sheet that retailers were required to distribute to consumers. The CTIA obtained a temporary injunction and appealed the case to the Federal Circuit Court of Appeals. A three-judge panel was not convinced that the Fact Sheet was factual and non-controversial and continued the injunction that blocked implementation of the law. The case is back in the Federal District court and is scheduled for a hearing next January. However, tomorrow the San Francisco Board of Supervisors will vote on an ordinance that would repeal the law to avoid the costs of future litigation.

Item #8 (130315) on the May 7, 2013 agenda for the San Francisco Board of Supervisors is an ordinance authorizing settlement of the lawsuit (http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2013/bag050713.pdf ).

The agenda packet contains details from the case (http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/materials/bag050713_130315.pdf ).

For additional details about the law and the lawsuit see:

Open Letter to San Francisco Mayor and Board of Supervisors - 4/30/2013
http://saferemr.com

The San Francisco Cell Phone Fact Sheet Suppressed by the CTIA
http://saferemr.com

San Francisco's Cell Phone Fact Sheet is Factual - 9/12/2012
http://www.prlog.org/11973342

Big Week for Cell Phone Radiation Legislation - 8/6/2012
http://www.prlog.org/11943091

Cell Phone Radiation Warning on San Francisco Government Web Site - 5/18/2012
http://www.prlog.org/11879000

Joel M. Moskowitz, Ph.D.
School of Public Health
University of California, Berkeley