Supreme Court Rejects Challenge Against Berkeley's Cell Phone Right to Know Ordinance

December 13, 2019

(Berkeley, CA) – In a victory for the City of Berkeley, on December 9 the United States Supreme Court has rejected a challenge by CTIA – The Wireless Association on the City’s historic Right to Know Ordinance. Passed unanimously by the City Council in May 2015, the Ordinance requires cell phone retailers to provide customers a notice stating that carrying a cell phone may exceed federal guidelines for radio frequency exposure. Specifically, the language states:

To assure safety, the Federal Government requires that cell phones meet radio frequency (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.

The CTIA originally filed a lawsuit a month after the Council vote, ultimately reaching the Ninth Circuit Court of Appeals. In a 2-1 decision, the Ninth Circuit Court of Appeals ruled that the ordinance was constitutional, stating that “far from conflicting with federal law and policy, the Berkeley ordinance complemented and enforced it”.

“This decision is a victory for our public health and safety” said Berkeley Mayor Jesse Arreguín. “I want to thank Professor Lawrence Lessig, our City Attorney’s Office, the California Brain Tumor Association, and those who have advocated for this Ordinance over the past four years”.

The Ordinance went into effect in March 2016. With the court challenge resolved, other cities are expressing interest in passing similar ordinances.

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