Children’s Health Defense (CHD) Thursday filed a motion for emergency relief with the U.S. Court of Appeals for the D.C. Circuit asking the court to stay the Federal Communications Commission’s (FCC) Over-the-Air Reception Devices” (OTARD) Rule Amendment before it goes into effect March 29.
The motion is part of CHD’s petition, filed on Feb. 26, challenging the rule amendment.
CHD is opposing an amended rule allowing private property owners to place fixed point-to-point antennas supporting wireless service on their property and, for the first time, to extend wireless data/voice services, including 5G, to users on neighboring properties. The rule purports to facilitate fast deployment of mesh Wi-Fi networks, 5G and the ground infrastructure for SpaceX satellites, especially in rural areas.
The amended rule allows installation of radiation-transmitting antennas on homes while preempting all state and local zoning authority. No permit is required, homeowners’ association and deed restrictions and any other state laws are preempted.
The focus of CHD’s motion for emergency relief is the FCC’s preemption of federal and state civil rights laws that protect the disabled and their rights for accommodations. People who are adversely affected will have no right to object to the installation of these devices, even though they will be involuntarily exposed to harmful radiation in their homes.
A motion for stay requires that the movants demonstrate: (a) likelihood of success on the merits in the case; (b) they are likely to suffer irreparable harm; (c) the balance of interests favors an injunction; and (d) a stay is in the public interest.
In its motion, CHD claims that if the amended rule goes into effect, petitioners and many others who developed radiation sickness (electrosensitivity) or other sicknesses caused or aggravated by wireless technology radiation, will suffer immediate, irreparable and, for some, life-threatening injuries. Many will be driven out of their homes, but nowhere will be safe for them, not even rural areas.
CHD argues petitioners are likely to win the case because the amended rule violates substantive and procedural due process rights, and is unlawful and contrary to the public interest. Therefore, and because of the irreparable harm to many, the court should grant the stay pending a final decision in the case.
Petitioners include a family physician and mothers of four children who are sick from wireless radiation.
Related Content:
- “5G Technology Near You, Me, Schools. Is It Safe?”; http://bit.ly/5GinNT
- "5G DAS Wireless: Not in Our Back Yard or Front Yard, Say Doylestown Residents"; http://sco.lt/8wLS9A
- “Is a DAS Antenna Coming to a Pole Near You?”; http://bit.ly/DASNearYou
- “Doylestown Waged Big Battle Against Small Cells. Did It Win or Lose? DAS is the Question!”; http://sco.lt/4qaEQz
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The safety of 5G cellular technology was discussed at the March 22, 2021, Meet Mack Monday Zoom meeting. A resident asked prior to the meeting: "Is 5G a topic that has been or will be discussed by Newtown Zoning or other? Are 5G emitters/masts allowed to be close to schools?"
The discussion focused on the 5G antennas on top of the Newtown Artesian Water tower located less than 500 feet from Goodnoe Elementary School and many nearby homes.
In this 15-minute excerpt from the discussion, a resident living nearby the tower claims the 5G radiation from this source has caused medical problems for her and her children. The discussion also covers what the township can do to mitigate this problem.
Listen to the discussion here...