By Rita Shreffler
Today, Tuesday December 7, the US Court of Appeals for the DC Circuit will hear arguments in Children’s Health Defense’s lawsuit against the Federal Communications Commission which challenges the legitimacy of the amendment adopted by the agency to its “Over The Air Reception Devices” rule in January, 2021. The hearing is scheduled to begin at 9:30am Eastern and can be watched on YouTube. (However, since it is second on the roster, most likely it will not start before 10am (8am Mountain Time.)
On December 7 at approximately 9:30am Eastern, the US Court of Appeals for the DC Circuit will hear the oral arguments in Children’s Health Defense’s (CHD) lawsuit against the Federal Communications Commission (FCC) which challenges the legitimacy of the amendment adopted by the FCC to its “Over The Air Reception Devices” (OTARD) rule in January, 2021.
The OTARD rule was never intended to regulate transmitting antennas, but via the rule amendment, the FCC allows the installation of fixed wireless base station antennas including 5G antennas on private property (including homes) in order to provide wireless service to other properties.
The lawsuit claims the amended rule violates constitutional rights and common-law personal and property rights, that it leads to due process violations and that it was passed without authority and statutory jurisdiction. The amendment provides for unprecedented and sweeping preemptions, including all state and local laws and zoning regulations, such as the requirements of notice, application and permit as well as civil rights and disability accommodation laws.
Earlier this year, CHD won another case against the FCC. On August 13, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of CHD in its historic case against the FCC, which challenged the FCC’s decision not to review its 1996 health and safety guidelines regarding 5G and wireless harms (guidelines case). The court ruled the FCC’s decision was “capricious and arbitrary,” and that the agency failed to review overwhelming evidence of harm. As a result of this case, while the FCC’s guidelines are still in effect, they cannot be considered to assure safety from non-cancer harm.
CHD’s legal team includes attorneys Dafna Tachover, Robert F. Kennedy, Jr. and Scott McCollough. McCollough will argue the case on behalf of CHD in the December 7 hearing.
“The effects of the OTARD rule amendment are especially concerning for the many who are already aware their injuries and sickness have been caused or aggravated by exposure to the radiation emitted by 5G and other wireless radiation-emitting sources,” said Ms. Tachover.
The case has attracted much public interest. On June 30, 68 organizations representing more than 1 million people signed onto an amicus brief in support of CHD’s lawsuit.
The public can listen to the hearing live on YouTube. The case is scheduled for the morning session which starts at 9:30am Eastern.
Rita Shreffler is Director of Communications at Children’s Health Defense.
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