Emergency Injunction Filed by Youngsters’s Well being Protection Towards FCC Rule That Preempts Incapacity Rights Legal guidelines
Urgent Child Health Defense lawsuit against FCC rule preventing disability rights laws
“When this rule comes into effect, many, including children, will suffer grave harm and injustice. For those who are sick, this request is literally a struggle for their right to exist. “
– Dafna Tachover, Esq.
LOCH LOMOND, CALIFORNIA, UNITED STATES, March 19, 2021 /EINPresswire.com/ – On March 18, the Child Health Defense (CHD) filed a request for emergency relief in the U.S. Court of Appeals for the DC Circuit, asking the court to amend the federal communications rule Wireless Receivers Commission (FCC) (OTARD) before it goes into effect on 3/29/21. The motion is part of the case filed by CHD on 02.26.21, in which the rule change was challenged.
CHD will host a press conference on Monday, March 22nd at 1 p.m. PDT / 4 p.m. EDT. To register: www.childrenshealthdefense.org/otard-press-conference
The amended rule allows real estate owners to place fixed wireless antennas on their property and, for the first time, extend wireless data / voice services, including 5G, to users of neighboring real estate. The rule is designed to facilitate mesh Wi-Fi networks, 5G, and the provision of ground infrastructure for SpaceX satellites.
To this end, the amended rule allows radiation transmitting antennas to be installed in private homes, excluding all state and local zone authorities. No permit is required, and homeowners associations, deed restrictions, and other state laws are excluded.
The main focus of the applications is on exemptions from federal and state civil rights laws that protect the disabled and their rights to accommodation. Affected people have no right to object to their installation even though they are involuntarily exposed to harmful radiation in their homes.
The applicants (petitioners) claim that they and anyone else who develops radiation sickness (electrosensitivity) or other illness caused / aggravated by radiation from wireless technology could suffer irreparable harm and life-threatening injuries if the amended rule goes into effect.
Applicants include a family doctor and mothers of four children with wireless radiation. The April letter from CHD to the FCC was followed by 6,231 people declaring that they and / or their children have developed wireless radiation
CHD argued that petitioners are likely to prevail on the matter as the amended rule violates substantive and procedural rights, is unlawful and contrary to the public interest. Because of this, and because of the damage ahead, the Court should grant residence pending a final decision on the case.
The application was supported by three experts, including Dr. Beatrice Golomb. PhD., Whose article indicated that the “mystery sickness” US diplomats suffered was likely caused by pulsed radio frequencies, the same condition that petitioners suffered from wireless technology. Prof. Rina Bray, Medical Director of the Environmental Health Clinic at Toronto’s Women’s College Hospital, which specializes in the diagnosis of radiation sickness, and Dr. Toril Jelter, a pediatrician in California, submitted the other two reports.
Prior to filing the petition with the Court, CHD filed an administrative motion with the FCC to keep the rule change from going into effect pending a decision on the case. The Wireless Internet Service Providers Association, which campaigned for the rule change, rejected the request. However, the FCC has not decided on the motion, which is why CHD has filed a request for an injunction with the court.
The court appointed a three-judge panel consisting of Judith W. Rogers, Judge Robert L. Wilkins, and Judge Neomi Rao. The court ordered the FCC to file its response by 03/23/21. CHD may file a response to the FCC’s response on 3/24/21. A decision is expected before March 29th, 21st when the rule will come into effect.
“When this rule comes into effect, many, including children, will suffer serious and immediate harm and injustice. For those who are sick, this motion is literally a struggle for their right to exist, says Dafna Tachover, CHD’s director for Wireless Harms and 5G Project.
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March 19, 2021, 12:00 GMT
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