2017-10-11 Appeals Court upholds Berkeley’s “right to know” about cell phones

[Amanda Shanor & Lawrence Lessig – Analog Meters Protection – Animals (Dogs) – Cell Towers Antennas – Children – Cindy Franklin & Doctor Joel MoskowitzCornelia Waldmann-Selsam – CTIA Wireless Association – Devra DavisEllie Marks, California Brain Tumor Association – EMFs – German Federal Office for Radiation Protection (BfS) – Horst EgerKevin KunzeKriss Worthington & Max AndersonLloyd Morgan – Right to Know Warnings re Cell Phones RF Radiation Exposure Guidelines – Smart Energy GB – Smart Meters Refuseniks’ Concerns (Costs, Data Privacy, Fire, Health, Meter Readers’ Jobs, Security, Spying, TOU Bills) – Stan GlantzTheodore Olson – Trees & Plants – Utility Bullying – Wireless | BC – Bamberg & Munich, Germany – Netherlands – UK – Berkeley City, California, USA] & (audio) & (video)

1)    Major win in the Berkeley, California “right to know” case. The Appeals Court has upheld the right for the city to require retailers to post cell phone warnings.  Please see below in Letters an email from Ellie Marks who, with others, fought hard to set this precedent.  Her husband had a cancerous brain tumor removed after having used a cell phone for years. Now let’s see if we can get a similar law here in BC. I’d love to set a precedent that would garner attention re. RF big time.

(click on photos to enlarge)

“The city law, which took effect last year, requires retailers to warn cellphone customers that wearing their device next to the body could result in exposure to radiofrequency radiation exceeding federal guidelines.

The message adds, “Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

Cellphone retailers must either post the message or give a paper copy to people who buy or lease phones.”


2)    People in the UK have become quite educated on the problems re. smeters and are voicing their concerns.


3)    Trees are suffering from exposure to RF from cell towers according to a 6 year study. Good resources/references provided.

Wireless Kills Trees. A six-year study of trees around wireless cell towers reveals the ‘invisible’ damage of exposure to RF radiation. Radiation from wireless technology is now jeopardizing the health of our trees and other plants. “Tree damage in the vicinity of mobile phone base stations” by Waldmann-Selsam and Egar in 2013, documented suspected RF radiation related tree damage and RF radiation readings over a period of six years. It found significantly higher RF radiation readings by damaged trees as compared to undamaged trees… 

Researchers state “More recently, it has been shown that mortality rates of all dominant tree species in the western United States have been doubling every 17-29 years in old growth forests, and that recruitment of new trees is now occurring at a lower rate than mortality.” The aspen experiment combined with other measurement and observational studies make a compelling case that our addiction to wireless technology is killing the trees we need so much for life far faster than they can replace themselves.”



WOW!!! There is hope after all!! WOW!

I am running around the house screaming and crying (happy screams and tears) and my husband says – “so he vetoed it?” (Hopefully we will have 2 victories this week!).


So many of us worked on this for so many years and now the law remains implemented and we have sent the bad guys in the fancy suits packing!

I think my greatest joy is that this bully of an industry that infiltrates just about everywhere was unable to do so here!!!  One of the 3 Ninth U.S. Circuit Court of Appeal Judge’s (Friedland) – the only vote against Berkeley – is married to a man who designs the small cells for 5G – so we had some legitimate concerns! And there is the usual telecom corruption and collusion that worried us.

And the CTIA was represented by none other than past Solicitor General Theodore Olson!

The biggest round of applause goes to Harvard Constitutional Law Professor Lawrence Lessig who defended Berkeley pro bono even while running for President and commuting to the Bay Area for this from Iceland!!!

And he was assisted by the awesome Amanda Shanor of Yale’s School of Law – she too was brilliant and kind and WOW!!!!

A huge shout out to past city Councilmember Max Anderson (he sponsored the bill and was crying the night it passed –  see attached pictures), Councilmember Kriss Worthington and the rest of the Berkeley City Council.

And a special thank you to Joel Moskowitz and Cindy Franklin (who brilliantly crafted the original wording of the ordinance) – Lessig refers to us as his “Team Truth”! In addition to I don’t know how many months or years of helping him understand this issue – several months ago he sent us the CTIA 365 page appeal for the en banc hearing and asked us to counter the lies in it. I looked at it and said “how the heck do we do this –  every sentence is a lie!?”! But I suppose we did it!

And of course thank you to so many experts who wrote letters and testified in person – Devra Davis, Stan Glantz, Lloyd Morgan, and Kevin Kunze, Stephanie, Phoebe, Toni, Sarah, Leslie – and so many wonderful Berkeley residents who helped us with this for years.

And a giant thank you to my husband Alan who testified at several Berkeley hearings – which is hard for him but it was powerful. And thanks to my son Zack for starting us on this crazy journey and to my daughter Mandy for giving me the great pillow that says it all so well (see Gandhi picture attached) and putting up with my nonstop talk about this issue.

Ok – I will stop now!

WOW!  I am opening up a good bottle of something!

Next stop – the only option left for the CTIA – is the Supreme Court! Let’s pray they refuse to hear this and we take this legislation across the nation (first stop San Francisco) and SAVE LIVES!!!!

With utmost appreciation,
Ellie Marks
California Brain Tumor Association



Sharon Noble
Director, Coalition to Stop Smart Meters

“The truth is inconvertible. Panic may resent it, ignorance may deride it, malice may distort it. But there it is.”
~ Winston Churchill

Smart Meters, Cell Towers, Smart Phones, 5G and all things that radiate RF Radiation