Split 9th Circ. Won't Block Calif. City's Cellphone Warning Law
Law360 (July 2, 2019, 9:56 PM EDT) -- A divided Ninth Circuit on Tuesday again declined to stop enforcement of an ordinance in Berkeley, California, that requires cellphone retailers to warn consumers about radiation risks, finding the city's interest in furthering public health and safety was significant enough to justify the ordinance.
Wireless industry trade group CTIA – The Wireless Association has been fighting the ordinance since it went into effect in May 2015, arguing the disclosure provision violated the First Amendment and was preempted by federal law. The matter was before the Ninth Circuit for the second time following CTIA's successful appeal to the U.S. Supreme Court, according...
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