This breaking development recognizes the shift of power toward local governments, and away from the 5G corporate oligarchy operating through the FCC.
Original article with added legal excerpts is at Photo credit: The Press Democrat
Photo credit: The Press Democrat

On April 4, 2019, the California Supreme Court published an opinion supporting municipal authority to make regulations on so-called ‘small cell’ PROW (public right of way, aka ROW) towers and uses of the public’s right-of-way. This opinion affirms the 2016 appellate court ruling.  

This opinion seems to go far beyond mere aesthetic standards — the focus of the lawsuit by T-Mobile West LLC — affirming the exercise of municipalities’ full police powers to regulate small cell towers in the public’s right of way, including that municipalities do have discretionary power.

These rulings have bearing on Smart Meters in California because of the affirmation of local policing powers. The Supreme Court and appellate court decisions repudiate CPUC claims of exclusive jurisdiction over utilities made during the Smart Meter roll-out.

An amicus brief was filed May 11, 2017 on behalf of the League of California Cities, California State Association of Counties, the International Municipal Lawyers Association, and SCAN NATOA, Inc. written by Jeffrey T. Melching and Ajit Singh Thind of Rutan and Tucker, LLP with valuable additional information.

These decisions give cities and counties the backbone and legal cover to create and enforce rules and ordinances to protect the public, the environment, and public land. These decisions are vital documents for local officials and decision-makers. Hopefully as well, they will provide support for actions in other states and countries.

Much of the discussion in the Court’s opinion focused on California Public Utilities Code 7901 and 7901.1, the broad definition of the word “incommode” in that section, and the Constitutionally-granted policing powers and “powers of control” of municipalities.

Excerpts from the California Supreme Court opinion:

Contrary to plaintiffs’ argument, the incommode clause need not be read so narrowly. As the Court of Appeal noted, the word “incommode” means “to give inconvenience or distress to : disturb.”

But travel is not the sole use of public roads; other uses may be incommoded beyond the obstruction of travel. (T-Mobile West, at pp. 355-356.) For example, lines or equipment might generate noise, cause negative health consequences, or create safety concerns. All these impacts could disturb public road use, or disturb its quiet enjoyment.

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  • Great to hear, now to smarten up the municipalities throughout California and the other states. This affirmation is way bigger than the 1st 300 mayors. I will certainly continue to share the information you and others provide to save our lives.

    • I know that they’ve been working Fresno,CA-room and boards have been attacked=I saw it and they are hitting me hard right now…get the word out—they block sites in my computer-scatter freq were working-I can’t get to them—they said they’d kill me”it would be long and painful–if I gave my jewelry to them-the’d go away–I have been gathering info 1 year and 7 1/2 months-they’re going other cities-I heard them and they’re attacking the weakest-experimenting like Nazi.sleep deprevation-I lost 40 lb in 7 1/2 months

  • It is still a long road, but I agree, thank you for trying to save our lifes. Even though so many are asleep or fully enslaved by their cell phone … THANK YOU for your care, Josh. Great news… let’s continue…

  • Thanks for letting me know about the nightmare of EMF. Why do they create monsters? Aren’t we all living in this environment, the perpetrators are also being exposed,so how come they go ahead and do this to everyone? Is it profit over people as usual. Is the radiation accumulated in our cells? I hardly ever hear a negative word about EMF or 5G it’s not talked about. Everything is fine go buy a bigger better one, just keep on consuming. It’s really science fiction scary monster stuff and no one seems to give a damn.

  • Why is the Commander and Chief in the White House, fast tracking the 5G roll out? His personal home in Palm Beach, FLA, was the first city, to be exempt from 5G?

  • What can citizens do when their local City Council has enacted an emergency small cell ordinance that allows small cell nodes to be deployed in residential areas and schools? What rights do we as citizens have to change/influence this?

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