A landmark Ninth Circuit Court of Appeals upheld the City of Berkeley’s cell phone right to know ordinance rejecting industries argument that the ordinance violates the first amendment. The Berkeley ordinance requires retailers to inform consumers that cell phones emit radiation and that “if you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation.” In upholding this decision, the panel concluded that the public health issues at hand were “substantial” and that the “text of the Berkeley notice was literally true,” and “uncontroversial.”
Further, the panel determined that the Berkeley ordinance did not constitute preemption.
“Far from conflicting with federal law and policy, the Berkeley ordinance complemented and enforced it.”
The panel held that Berkeley’s required disclosure simply alerted consumers to…
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