Berkeley will soon start to require cellphone retailers to warn customers about potential radiation dangers, following a federal judge’s rejection of an industry supported campaign to put a stay on the city’s cellphone right-to-know ordinance.
The City of Berkeley’s cellphone right to know ordinance, passed in May, largely survived a legal challenge in federal court by the mobile phone industry. The law requires mobile phone retailers to provide consumers with notice of FCC guidelines on cellphone use.
In a fascinating 90 minutes of arguments in the U.S. District Court Thursday, two of the country’s most eminent lawyers tussled over whether Berkeley’s cellphone Right to Know ordinance violated phone retailers’ First Amendment rights. The CTIA – The Wireless Association is seeking a preliminary injunction to stop the Berkeley law.
A wireless trade association filed suit against Berkeley on Monday, claiming that the city’s new law requiring notification of possible radiation from cellphones is a violation of the First Amendment.