Press "Enter" to skip to content

Right to know ordinance

You can download the Berkeley cell phone right to know ordinance here

July 11, 2019

City Council and staff,

As part of your duty to protect the health, safety and general welfare of residents of Elk Grove I recommend that you pass a cell phone right to know ordinance similar to the one in Berkeley, California.  Although the wireless industry’s legal bulldog and lobbying group, CTIA, sued the City of Berkeley claiming the ordinance violated their First Amendment right, the U.S. Court of Appeals for the Ninth Circuit recently (July 1) upheld the ordinance and ruled in favor of the City. 

The purpose of the Berkeley cell phone right to know ordinance is to require retailers to provide to consumers a written notice to inform consumers about how to use their phone so as to protect themselves from hazardous radiation from their phone. 

The mandatory notification states:

“The City of Berkeley requires that you be provided the following notice: 

β€œTo assure safety, the Federal Government requires that cell phones meet radiofrequency (RF) exposure guidelines. 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. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”

I am sending you a copy of the one page ordinance, 7,443 – N.S., unanimously adopted by the Council on October 27, 2015.

Here is a link to Prof. Joel Moskowitz’s web page on this issue.  It is very informative and contains key excerpts from the Court opinion and the history of this ordinance and legal battle. 

https://www.saferemr.com/2014/11/berkeley-cell-phone-right-to-know.html

Here is a link to the Court opinion, which is 46 pages long, and the attachment, the Apple iPhone 3G Product Information Guide, which is 185 pages long.  You don’t need to read the latter. 

https://drive.google.com/file/d/1ChXfugAso_RcbTNu_2Oxl7qx2CU7v2Le/view

The City of Berkeley has done your work for you, both in writing the ordinance and fending off the CTIA lawsuit and winning.  

Will the Council put this on the agenda for a regular Council meeting?  What is your opinion on this?  

Thank you.

Mark Graham 
Sent from my hard wired computer