Children’s Health Defense Files Emergency Injunction to Stop Rule Allowing 5G Antennas on Homes | Newtown News of Interest |

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.




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