Judges who know science
Who said judges are afraid of taking a position on science?
@ "parts of San Francisco's ordinance went too far, conveying what he called a misleading message that cell phones are dangerous."
@ "District Judge Sarah Singleton ruled that no scientific study has yet proved that electromagnetic stimulus adversely impacts personal health."
@ "World Health Organization, “have failed to provide clear support for a causal relationship between electromagnetic fields and complaints of EMS.”
So? pickles or coffee?
Judge: No scientific study proves EMS damages personal health
Robert Nott | The New Mexican
Arthur Firstenberg lost what might have been his final round in court Tuesday, when state
District Judge Sarah Singleton ruled that no scientific study has yet proved that electromagnetic stimulus adversely impacts personal health.
In January 2010, Firstenberg, who has long argued that electromagnetic radiation emitted by cellphones, smartphones, wireless routers and other apparatus can cause illness, sued his neighbor, Raphaela Monribot, for $1 million over the use of such electronic equipment at Monribot’s west-side home. He named Monribot’s landlord, Robin Leith, in the suit as well, though he did not seek financial damages from her.
Court documents quote Firstenberg as complaining that he suffered acute effects of electromagnetic stimulus (EMS) and that, “Whenever I returned home, even for a few minutes, I felt the same sickness in my chest and my health was set back for days.” Firstenberg eventually moved out of his home, though he moved back in some time later.
The defendants countered that there might be other causes for Firstenberg’s pain and suggested he agree to a blind test in which they would try to show whether his symptoms were connected to their use of electronic devices.
As a condition, they asked him to accept that they would not tell him when they were exposing him to such testing.
Court records indicate Firstenberg postponed these tests due to his condition, noting, “He is unwilling to subject himself to such testing in order to prove his case.”
Earlier this month, Singleton ruled that Firstenberg could not discern that his anxiety was caused by the presence of electromagnetic stimulus, but she still gave him time to try to prove that he had been damaged in some way.
On Tuesday, her order noted that he “failed to carry his burden of proof that the evidence he seeks to admit is scientifically reliable” and that reliable studies, including one from the World Health Organization, “have failed to provide clear support for a causal relationship between electromagnetic fields and complaints of EMS.” Without evidence of general causation, the order states, “plaintiff cannot prevail; therefore, summary judgment is appropriate.”
Monribot’s attorneys, Christopher Graeser and Joseph Romero, said Tuesday that Singleton’s ruling might set a precedent for similar court cases.
“I think before anyone decides to file on something similar, they need to have science … that uses reliable methods that proves what they purport,” Romero said.
“I have no problem with people like Mr. Firstenberg advocating these views in a political sense, but to sue someone for a million dollars is crossing the line. If you are going to do that, you have to have the science behind you. If not, you will ultimately lose and probably do more disservice to the cause you represent.”
Via a news release issued through her attorneys, Monribot said, “It took three years to arrive at what common sense would have easily dictated. … May the right of the individual to use everyday technology in the privacy of his home always prevail against attacks of activists who wish to force their agenda on the rest of the world.”
Speaking by phone from Albuquerque, one of Leith’s two lawyers, Ann Keith, said Firstenberg never sued Leith for monetary damages and said she believes any court rulings in favor of Monribot now apply to Leith or any tenants renting Leith’s Santa Fe home.
Neither Monribot nor Leith lives in Santa Fe now.
Firstenberg’s lawyer, environmental attorney Lindsay Lovejoy Jr., did not immediately return a call seeking comment Tuesday afternoon. Singleton’s order gives the plaintiff until Oct. 1 to approve the order or file an objection.
Contact Robert Nott at 986-3021 or rnott@sfnewmexican.com.
District Judge Sarah Singleton ruled that no scientific study has yet proved that electromagnetic stimulus adversely impacts personal health.
In January 2010, Firstenberg, who has long argued that electromagnetic radiation emitted by cellphones, smartphones, wireless routers and other apparatus can cause illness, sued his neighbor, Raphaela Monribot, for $1 million over the use of such electronic equipment at Monribot’s west-side home. He named Monribot’s landlord, Robin Leith, in the suit as well, though he did not seek financial damages from her.
Court documents quote Firstenberg as complaining that he suffered acute effects of electromagnetic stimulus (EMS) and that, “Whenever I returned home, even for a few minutes, I felt the same sickness in my chest and my health was set back for days.” Firstenberg eventually moved out of his home, though he moved back in some time later.
The defendants countered that there might be other causes for Firstenberg’s pain and suggested he agree to a blind test in which they would try to show whether his symptoms were connected to their use of electronic devices.
As a condition, they asked him to accept that they would not tell him when they were exposing him to such testing.
Court records indicate Firstenberg postponed these tests due to his condition, noting, “He is unwilling to subject himself to such testing in order to prove his case.”
Earlier this month, Singleton ruled that Firstenberg could not discern that his anxiety was caused by the presence of electromagnetic stimulus, but she still gave him time to try to prove that he had been damaged in some way.
On Tuesday, her order noted that he “failed to carry his burden of proof that the evidence he seeks to admit is scientifically reliable” and that reliable studies, including one from the World Health Organization, “have failed to provide clear support for a causal relationship between electromagnetic fields and complaints of EMS.” Without evidence of general causation, the order states, “plaintiff cannot prevail; therefore, summary judgment is appropriate.”
Monribot’s attorneys, Christopher Graeser and Joseph Romero, said Tuesday that Singleton’s ruling might set a precedent for similar court cases.
“I think before anyone decides to file on something similar, they need to have science … that uses reliable methods that proves what they purport,” Romero said.
“I have no problem with people like Mr. Firstenberg advocating these views in a political sense, but to sue someone for a million dollars is crossing the line. If you are going to do that, you have to have the science behind you. If not, you will ultimately lose and probably do more disservice to the cause you represent.”
Via a news release issued through her attorneys, Monribot said, “It took three years to arrive at what common sense would have easily dictated. … May the right of the individual to use everyday technology in the privacy of his home always prevail against attacks of activists who wish to force their agenda on the rest of the world.”
Speaking by phone from Albuquerque, one of Leith’s two lawyers, Ann Keith, said Firstenberg never sued Leith for monetary damages and said she believes any court rulings in favor of Monribot now apply to Leith or any tenants renting Leith’s Santa Fe home.
Neither Monribot nor Leith lives in Santa Fe now.
Firstenberg’s lawyer, environmental attorney Lindsay Lovejoy Jr., did not immediately return a call seeking comment Tuesday afternoon. Singleton’s order gives the plaintiff until Oct. 1 to approve the order or file an objection.
Contact Robert Nott at 986-3021 or rnott@sfnewmexican.com.
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