CTIA – The Wireless Association v. City of Berkely

The Ninth Circuit affirmed the district court's denial of CTIA's request for a preliminary injunction seeking to stay enforcement of a city ordinance requiring cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed FCC guidelines for exposure to radio-frequency radiation.The panel held that CTIA has little likelihood of success on its First Amendment claim that the disclosure compelled by the ordinance is unconstitutional under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651 (1985), where the disclosure was reasonably related to a substantial government interest and was purely factual and uncontroversial; the ordinance complements and reinforces federal law and policy, rather than conflicted with it; CTIA failed to establish irreparable harm based on preemption; and the balance of the equities favors the City and the ordinance is in the public interest. Therefore, the panel held that the district court did not abuse its discretion in denying preliminary injunctive relief to CTIA. View "CTIA - The Wireless Association v. City of Berkely" on Justia Law