WASHINGTON, D.C. –The following statement can be attributed to John Walls, Vice President, Public Affairs at CTIA-The Wireless Association®:
“Today the federal district court in the Northern District of California held that the requirements of San Francisco's cell phone warning regime, as currently drafted, violate the First Amendment. The court properly determined that the City cannot constitutionally require retailers to hang posters in their stores or paste stickers on cell phone display materials in order to convey the City’s selective messages about cell phone safety and cell phone use. The court also found that the ‘fact sheet’ created by the City was both misleading and alarmist and that the City could not require retailers to distribute this ‘fact sheet’ without significant changes. The Court also noted that, ‘San Francisco concedes that there is no evidence of cancer caused by cell phones’ and further stated that, ‘[t]he FCC set a conservative standard, one weighted heavily in favor of minimizing any public health hazard.’ The Court also enjoined all use of the City's graphics and required that if any ‘fact sheets’ were distributed, that they prominently note the fact that the FCC has approved cell phones for normal usage. The Court stayed the effectiveness of the cell phone warning law until November 30, 2011 to allow the parties time to appeal its ruling. CTIA respectfully disagrees with the Court's determination that the City could compel distribution of the revised 'fact sheet’ as discussed in the court's opinion. CTIA is considering its options regarding further proceedings on this issue.”
CTIA-The Wireless Association® (www.ctia.org) is an international organization representing the wireless communications industry. Membership in the association includes wireless carriers and their suppliers, as well as providers and manufacturers of wireless data services and products. CTIA advocates on behalf of its members at all levels of government. The association also coordinates the industry’s voluntary best practices and initiatives, and sponsors the industry’s leading wireless tradeshows. CTIA was founded in 1984 and is based in Washington, D.C.