Hi All,
I am happy to inform you that on Wednesday, we filed the main brief in CHD’s OTARD case against the FCC. We think we have a good case and are pleased with the brief we filed. Read the brief.
The Defender article provides a good summary of the legal arguments we raised in our brief.
In addition to the brief we filed 11 affidavits including 3 expert affidavits and an addendum which includes a collection of 246 personal comments filed with the FCC describing the suffering of adults and children from wireless and the effects OTARD will have on their life. The addendum also includes a table that analyses close to 500 comments filed with the FCC. We color coded each of the issues that were raised and marked which issues were raised in each comment. We purported to show that the FCC ignored the comments and the issues that were raised in violation of the Administrative Procedures Act.
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Webinar and Live Q&A Session - Wednesday, 6/30, 2:30 pm ET
Please join me and Scott McCollough, our lead attorney on the case, on Wednesday, 6/30/2021, at 2:30 pm ET in our webinar discussing the brief. The webinar will include a 30 minutes Q&A session. Our goal is to explain the various arguments that we raised in “layman’s language” so everyone can understand it. We do recommend that people read the brief before the webinar. Please share our flyers for the webinar (below). REGISTER HERE.
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Amicus Brief in OTARD Will Be Filed Wednesday
On Wednesday, dozens of safe tech organizations in the US will be filing an Amicus Brief in the OTARD case. Petra Brokken, from Safe Tech Minnesota who initiated and organized the brief will be joining our webinar. The attorney who is filing the Amicus, Stephen Dias-Gavin, may join us as well if he is able to finish the filing before we begin the webinar. Stephen was one of the attorneys in the successful case against the FCC's 5G “small cell” regulation for preempting NEPA review.
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Personal Note
I am very grateful to Scott for his effort and talents. When I read the brief for the last time, just before we filed it, I smiled. Then I had tears. Then I cried.
I smiled because I thought the brief was excellent and a job well done. I was glad that our massive efforts resulted in a brief I am very proud to file with the court.
I had tears because as a person who is suffering from this radiation, I felt that the brief said perfectly all I wanted it to say. It felt healing.
I cried, because this brief represents my journey. Years ago, the pain I was experiencing from wireless radiation was so intolerable I was praying that I would die. But on one of the worst days, something in me changed. I knew I have to fight back and that if I go down, then I will go down “kicking and screaming” (with grace:-)). The FCC's OTARD amendment takes all our rights to a point that it eliminates our right to exist. It feels as if we are “going down.” Reading the brief, I felt it is the “screaming and kicking” I promised myself.
The OTARD case is the policy case we have been waiting for to obtain acknowledgement and protection. Now that the US government via the FCC and OTARD, made it clear that it is intending to sacrifice the sick on the altar of wireless, the court, our last recourse, will have to decide and make a statement about our rights, one way or the other. This is the purpose of our brief.
I concluded my affidavit to the court with Gandhi’s words: “The true measure of any society can be found in how it treats its most vulnerable members.”
Dafna
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