The Microwave Factor

Microwave - and other forms of electromagnetic - radiation are major (but conveniently disregarded, ignored, and overlooked) factors in many modern unexplained disease states. Insomnia, anxiety, vision problems, swollen lymph, headaches, extreme thirst, night sweats, fatigue, memory and concentration problems, muscle pain, weakened immunity, allergies, heart problems, and intestinal disturbances are all symptoms found in a disease process the Russians described in the 70's as Microwave Sickness.

Tuesday, June 19, 2012

STANLEY v. AMALITHONE REALTY, INC.

2012 NY Slip Op 01788

SUSAN SCOTT STANLEY, ET AL., Plaintiffs-Appellants,

v.

AMALITHONE REALTY, INC., ET AL., Defendants-Respondents.

6284.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 13, 2012.

Whitney North Seymour, Jr., New York, and Gabriel North Seymour, New York, for appellants.

Brown Rudnick LLP, New York (Wayne F. Dennison and Katherine S. Bromberg of counsel), for respondents.

Before: Andrias, J.P., Saxe, Sweeny, Acosta, Manzanet-Daniels, JJ.

Opinion by ACOSTA, J.

Plaintiffs are apartment residents seeking, inter alia, the removal of a cell phone tower from a nearby rooftop based on allegations that the tower's radio frequency emissions present a danger to health and constitute a nuisance. Defendant Amalithone Realty, Inc. owns the building with the cell phone tower, 113-115 University Place, in Manhattan. Defendant Amalgamated Lithographers of America, Local One, occupies Amalithone's building, and is the building's alleged beneficial owner. AT & T, a nonparty, leases or licenses the rooftop space where the cell phone tower was constructed and is the owner of the tower. At issue in this appeal is whether an action against the continued maintenance and operation of the rooftop cell phone tower is preempted by federal standards permitting the subject radio frequency radiation (RFR). We hold that plaintiffs' claims are preempted by the Telecommunications Act of 1996 (TCA). We thus affirm the dismissal of the complaint.

Background

Plaintiffs and their minor son have resided in an apartment on East 12th Street in Manhattan since about April 2007. Shortly after occupying the apartment, plaintiffs allegedly began to experience ill health. An environmental consultant and an electrical engineer they hired allegedly found high levels of radio frequency radiation in their apartment. Believing that the cell phone tower on defendant's nearby building is responsible for their ill health, plaintiffs' counsel wrote on November 2, 2009 to Amalithone requesting removal of the cell phone tower and enclosing a list of recent foreign studies of the health effects of cell antennas. After Amalithone failed to respond to plaintiffs' letter, plaintiffs sent a follow up letter on December 2, 2009. On December 17, 2009, Michael Minieri, the building manager of 113-115 University Place, sent a fax to plaintiffs' counsel from the office of defendant Amalgamated Lithographers of America, Local One enclosing an AT & T safety compliance certification indicating that the cell tower met FCC RFR regulations on July 5, 2009.

On March 16, 2010, plaintiffs filed a complaint pleading numerous causes of action, including claims for nuisance, trespass and an unlawful taking. In their prayer for relief, plaintiffs seek: a permanent injunction requiring the removal of all cell transmission antennas; damages for personal and property injury; punitive damages; and a declaratory judgment that they were entitled not to be subjected to unreasonable levels of RFR in their home from wireless transmission antennas. Defendants moved to dismiss the complaint pursuant to CPLR 3211 on various grounds, including federal preemption and the failure to join an indispensable party. In opposition, plaintiffs argued that preemption does not apply because they are not seeking to "regulate" radio frequency emissions and defendants were the primary and necessary parties to the lawsuit.

The motion court dismissed the complaint, finding nonparty AT & T indispensable under CPLR 1001(b) because it would be prejudiced unless able to address the ultimate relief sought, namely, removal of its cell phone tower (31 Misc.3d 995 [2011]). The court also found that plaintiffs would have a meaningful forum in the event of dismissal; namely, a petition to the Federal Communications Commission (FCC) to deny AT & T's license renewal and seek review of the resulting decision in federal court (id.).

The motion court expressly declined to address the preemption issue in its opinion. We, however, find that issue dispositive and conclude that plaintiffs' claims are preempted by federal law. Accordingly, we affirm the dismissal of the complaint.

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20NYCO%2020120313360.xml&docbase=CSLWAR3-2007-CURR

Charyl Zehfus: Utilities institute errs in stifling dissent about ‘smart meters’

June 12, 2012 4:15 am

Dear Editor: In the UW’s Year of the Wisconsin Idea, the Wisconsin Public Utilities Institute embodies the tradition gone awry. The Wisconsin Idea involves UW teaching, research, outreach and public service meant to “improve the lives of people everywhere,” according to On Wisconsin magazine. Yet, WPUI – which is funded by industry members while defined as an executive education organization of the College of Engineering – denies consumers input on an energy issue strongly affecting their lives.

I refer to the forced utility deployment of radiofrequency transmitting meters. The American Academy of Environmental Medicine calls for immediate caution regarding “smart meter” installation due to potentially harmful RF exposure. And some Wisconsin residents are reporting illness after installation. Yet, WPUI will not allow this point of view to be represented by concerned consumers at its Advanced Metering Roundtable in September 2012.

In fact, the event is for members only and employs the Chatham House Rule to obscure the identity of discussion participants. The roundtable champions “smart meters” with no dissenting views slated to be heard. So much for WPUI’s mission statement about providing “objective and unbiased analysis of public utility issues.”

It is worse than a censorship of voices: By supporting forced deployment of RF utility meters, WPUI promotes risk, suffering and powerlessness in people’s lives – the opposite of the Wisconsin Idea.

Charyl Zehfus

Sheboygan

City of Ojai First So Cal Government to Criminalize Meters

Posted on June 5, 2012 by onthelevelblog

The City of Ojai last week became the first government in Southern California to adopt an ordinance officially banning smart meters within its jurisdiction. Our congrats and respect both to the city council and the residents of Ojai who brought about this landmark vote. Ojai joins a proud and elite corps of local governments in California including Santa Cruz, Marin, Lake, and Mendocino Counties who have followed through on their legal right and moral obligation to pass laws protecting their residents from a utility industry and regulatory environment out of touch with health, safety, and sanity. More than 56 local governments in the state have now officially declared their opposition to current smart grid policy, an overwhelming statement of democratic opposition to a flawed and dangerous system.

While some local governments such as the Town of Fairfax have indicated a willingness to enforce their ordinance using police powers, which has kept smart meters out of town for the most part, others like Santa Cruz County Sheriff Phil Wowak have shirked their responsibility to enforce the law, instead arresting peaceful protesters and facilitating the illegal deployment, allowing smart meters in and sickening many. It’s unclear whether Ojai police are prepared to cite violations of the ordinance by Corix and SCE or whether the public will be left to enforce the ban on its own.

In any case, Ojai has blazed a path for other governments in Southern California- and beyond- to follow.

Local media coverage can be found here. The full ordinance can be downloaded fromOjai’s website (pdf). Below are excerpts from the adopted ordinance:

Ojai City Council: "FCC safety standards are inadequate....(smart meters are) a current and immediate threat to health." Proof democracy is still alive- at least on a local level!

Ojai grassroots spreading the word!

http://stopsmartmeters.org/2012/06/05/city-of-ojai-first-southern-california-government-to-criminalize-meters/

Disconnect (2012) - Official Trailer [HD]

There are 6 billion cell phones worldwide but what do we really know about the effects of this revolutionary technology? Many researchers insist that the radiation cell phones emit can cause brain tumors and infertility with long-term use. Others believe it is theoretically impossible. Disconnect is a feature-length documentary on cell phones and the possible ramifications of improper use.

Through extensive research and interviews with the world’s leading doctors, scientists, politicians, and industry innovators; director Kevin Kunze traces the rise of an unregulated industry and unveils the detrimental relationships that have debased corporate responsibility. The film includes interviews with experts from the World Health Organization, the International Agency for Research on Cancer, the Institute of Electrical and Electronics Engineers, the California Environmental Protection Agency, the Cellular Telecommunications Internet Association, and professors at Yale, Harvard, Stanford, USC, UCLA, UCSF, and UC Berkeley. The film features perspectives from those who shaped the telecom industry including Apple's founders Steve Jobs and Steve Wozniak, Virgin Mobile’s Richard Branson, and the father of the first mobile phone, Martin Cooper. The documentary analyzes lobbying efforts to prevent precautionary legislation with accounts from President Bill Clinton, Vice-President Al Gore, Lt. Governor of California Gavin Newsom, Presidential candidate Ron Paul, Congressman Dennis Kucinich, and State Senators Mark Leno and Leland Yee.

The film also includes clips from Lady Gaga, Stephen Colbert, Jon Stewart, Brad Pitt, Beyonce Knowles, Daniel Craig, Sarah Jessica Parker, Adam Levine, Jerry Seinfeld, Anderson Cooper, Conan O’Brien, Lenny Kravitz, Cameron Diaz, Orlando Bloom, Eva Longoria, Sanjay Gupta, Steve Aoki, Tim Ferriss, Lawrence Lessig, David-Servan Schreiber, Robert Nagourney, Stephen Sinatra, Shelby Lane, and Devra Davis.

Study shows that using induction cookers can often exceed European and UK EMF exposure guidelines!

A very alarming new study [1] by a leading test laboratory which tested a number of modern induction cooking hobs reports that most hobs/rings exceeded even the high 1998 ICNIRP maximum exposure levels (currently the UK and European maximum exposure levels) when a person was standing close to the cooker.

What the authors say:

"The maximum current density in the tissue of the user significantly exceeds the basic [1998 ICNIRP] restrictions for the general public, reaching the occupational level. The exposure of the brains of young children reaches the order of magnitude of the limits for the general public."

"For a worst-case cooktop compliant with the measurement standards**, the current density exceeds the 1998 ICNIRP basic restrictions by up to a factor of 16-fold."

"The brain tissue of young children can be over-exposed by 6 dB or a factor of 2. The exposure of the tissue of the central nervous system of the foetus can exceed the limits for the general public if the mother is exposed at occupational levels. This demonstrates that the methodology for testing induction cooktops contradicts the basic [ICNIRP EMF] exposure restrictions."

** The induction cookers passed the required CENELEC tests which assumes that your body is never closer to the front of the cooker top than 30 cm (about 1 foot). Cooking at arm's length!

What is an Induction Cooker?

In our Powerwatch Handbook (Piatkus, 2006, now out of print) we stated:
"Hobs with magnetic induction plates work on a different heating principle from traditional cookers. Although such hobs are electrically efficient, high EMFs are generated by the cooker on purpose, and these EMFs induce currents to flow in the metal pans which cause them to heat up. The top of the cooker stays relatively cool and is mostly heated by contact with the hot pan."

"Some magnetic induction hobs use mains frequency fields but most now use low radio frequency signals which induce currents in the pan (and people standing nearby!) more easily. As very high EMFs are generated on purpose and these extend into the user, we cannot recommend this way of cooking."

Most modern ones now use low-frequency RF energy (20 to 100 kHz) to induce currents in the pan in order to heat it up. They are very energy efficient, but they do expose nearby people to high electromagnetic fields.

While most 13 of the 16 measured cooktops complied with the public exposure limits at the 300 mm distance specified by the International Electrotechnical Commission (standard IEC 62233), the majority (13 of the 16) exceeded them at closer distances, 7 of them reaching or exceeding the occupational limits.

It has been know for some time that induction cookers were reaching or passing the ICNIRP limits. This important paper from a highly regarded institution gives us some hard data that proves the point. This paper has taken almost a year from original submission to early on-line publication.

At present the European Commission guidance is still base on the 1998 ICNIRP values. So confirmation of worries about exposure from induction cookers adds to the list of guidance breakers. Some seats in electric trains exceed the 100 microtesla 50 Hz guidance and some Electronic Article Surveillance (EAS) shop security systems (like supermarkets and large stores use at their doorways) also exceed ICNIRP 1998 public exposure guidance levels. Details of the ICNIRP 2010 changes [2] will follow in a separate news article.

The graph below shows the enormous increases in exposure levels that ICNIRP guidelines now allow.

These increases are not justifies by evidence of plenty of science at these frequencies showing no biological effects - in fact the opposite is true in the relatively few modern studies that have been published.

These changes go against the whole rationale of the Precautionary Principle, the 2009 European Parliament Reis Resolution and the 2011 Council of Europe resolution on EMF exposures and human health- which state that we should take precautionary action on EMF when there is evidence of possible harm but the science is not conclusive. ICNIRP have done the opposite by reducing the need for precaution until a case for harm is proven, despite the evidence of serious long-term harm from some low level exposures at these frequencies.

What Powerwatch says:

We believe that induction hobs, if used at all, should be used with great caution and that pregnant women (including those trying to become pregnant) and children should keep out of the kitchen while induction cookers are in use.

News story by Alasdair Philips

References

Christ A, Guldimann R, Buhlmann B, Zefferer M, Bakker JF, van Rhoon GC, Kuster N. Exposure of the Human Body to Professional and Domestic Induction Cooktops Compared to the Basic Restrictions, Bioelectromagnetics. 2012 Jun 1. [Epub ahead of print] [see on PubMed]
ICNIRP, Guidelines for limiting exposure to time varying electric and magnetic fields (1 HZ-100 kHz), Health Physics 99(6):818-836; 2010.
Download the 2010 Guidelines (540 KB PDF file).

Important scientific video presentations by Professor Annie Sasco (the need for a precautionary approach to EMF/RF exposures), Professor Elisabeth Cardis (on IARC 2B classifications of ELF and RF EMFs), Professor Dariusz Leszczynski (on possible RF mechanisms), Professor Richard Stevens and Professor Denis Henshaw (on ELF EMFs, light, circadian rhythms and health) in sessions 7, 8 and 12 at the Childhood Cancer 2012 conference held in Westminster, London, on 24-26th April 2012.

http://www.powerwatch.org.uk/news/20120611-induction-cookers-are-hazardous.asp

Stolen Freedoms Regained in Stunning Blow to State Lawmakers June 19 2012 |

Stolen Freedoms Regained in Stunning Blow to State Lawmakers

June 19 2012 |

By Barbara Loe Fisher

This month, the National Vaccine Information Center (NVIC) joins with our Health Liberty partners to celebrate the one-year anniversary of the founding of the Health Liberty Coalition by Mercola.com.

For many years, NVIC and the non-profit Consumers for Dental Choice, Organic Consumers Association (OCA), Fluoride Action Network (FAN) and Institute for Responsible Technology have each worked to protect human health through public education and informed choice advocacy.ⁱ

At the heart of Health Liberty is respect for the informed consent and precautionary principles, which together serve as an ethical foundation for protecting consumer rights and ensuring product safety.

Whether it is the freedom to eat food that has not been genetically modified, drink water without fluoride in it, make voluntary vaccine choices, have access to affordable mercury free dental amalgams, or exercise the right to choose safer medical tests and options for healing and staying well, the partners of the Health Liberty coalition founded by Mercola.com are committed to protecting the consumer's right to know and freedom to choose.

Defending Informed Consent to Vaccination

Since 1982, NVIC's mission has been to prevent vaccine injuries and deaths through public education and we have defended without compromise the ethical principle of informed consent to medical risk-taking, which is a human right.ⁱⁱ

The consumer's right to know and freedom to make voluntary vaccine choices serves as a vital counterweight to lack of transparency and unchecked profit-making by pharmaceutical corporations shielded from civil liability for selling a growing list of vaccines that medical doctors and government officials insist every American should be legally required to buy and use.

This year, we are celebrating an awakening among Americans, who are rediscovering the power they individually have to make a difference by participating in the democratic process. That power was exercised in Vermont this year, when parents and enlightened health care professionals joined together to face down wealthy Pharma-funded medical trade lobbyists and influential state public health employees trying to take away the philosophical exemption to vaccination.

Health Liberty Award Goes to Citizens of Vermont

That is why NVIC is giving our 2012 Health Liberty Award to the independent-thinking, high spirited citizens of Vermont, who quickly organized this past January and successfully defended their informed consent rights by intelligently and responsibly participating in the democratic process.

For the past two years, the state of Vermont has been ranked as the number one "healthiest" state.ⁱⁱⁱ Only 360 school children in Vermont had philosophical exemptions on file during the 2010-2011 school year,^iv and we don't know how many parents filed a philosophical exemption because they could not find a pediatrician to write a medical exemption for their child. ^v Most pediatricians refuse to write medical exemptions because, in 2012, almost no vaccine reaction symptom or medical condition qualifies as an official reason to exempt a child medically. ^vi, ^vii

But, even though only 360 school children in Vermont were exempted from vaccination for philosophical belief reasons, that did not stop the Pharma/Medical Trade lobby from attacking the legal right for Vermonters to obtain a non-medical exemption to vaccination for their children. Clearly, they thought it would be easy to quickly ram anti-informed consent legislation through the Vermont legislature.

What they didn't count on was outraged Vermonters defending their right to know and freedom to choose.^viii The legislative attack on the philosophical exemption to vaccination in Vermont generated heated political debate, national publicity and, in the end, was not only defeated but gave birth to a new public consciousness about what it takes to defend health liberty. As one of the bill's primary sponsors admitted: "I never thought this would turn into the mess it turned into."

Powerful Doctors Push Eliminating Personal Belief Exemption

The bill to eliminate the philosophical exemption to vaccination in Vermont (S199) was introduced on Jan. 3, 2012 in the state Senate^ixby Kevin Mullin (R-Rutland), who is VT chair of the Pharma-funded American Legislative Exchange Council (ALEC).^x It was introduced in the state House by Representative George Till, M.D. (D-Chittenden), at the request of Harry Chen, M.D., Vermont's Health Commissioner. Dr. Chen was a Vermont state representative and former chair of the Vermont House Health Care Committee for four years and has publicly downplayed vaccine risks.^xi

The bill was supported by the VT Dept. of Health and many medical trade associations and special interest groups, including those that receive money from pharmaceutical corporations selling vaccines in the U.S., such as the American Academy of Pediatrics (AAP), March of Dimes, Every Child by Two and the American Legislative Exchange Council (ALEC).

After S199 was quickly rammed through the Senate without a public hearing and passed with a nearly unanimous 25-4 vote, Vermont parents quickly organized and founded the Vermont Coalition for Vaccine Choice.^xii The new Coalition's co-founder, Jennifer Stella, volunteered to be NVIC's Vermont state director and work with Dawn Richardson, NVIC's Director of Advocacy, who led a seven-year effort to obtain conscientious belief exemption to vaccination in Texas in 2003 and manages the online NVIC Advocacy Portal to educate citizens about how to become effective vaccine choice advocates.

By the end of February, the parents of seven-year old Kaylynne Matten, who died in Vermont after a routine flu shot in December 2011, began speaking out about the need to keep the philosophical exemption intact.

To learn more, please watch the following video^xiii, which includes an interview with Kaylynne's parents.

By March 15, the newly formed Vermont Coalition for Vaccine Choice held a public demonstration in Montpelier, the state Capitol.^xivThe Vermont Coalition founders created a website and Facebook pageand secured 1500 signatures on a petition opposing the bill.

After Vermont parents protested that the VT Senate had held no public hearings on the bill, House hearings were held March 21 evening meetingwas packed with Vermont families and health professionals opposing the bill.^xv

Bill Rammed Through in the Senate

An amended version of S199 retaining the philosophical exemption was overwhelmingly approved by the full House on April 13.^xviWhile the amended version kept the philosophical exemption intact, it required parents to review vaccine benefit information and sign a statement every year acknowledging that taking the exemption will pose a risk to the health of their child and society.

On April 30, a specially appointed House and Senate Conference Committee was created. The Committee voted to keep the philosophical exemption unless the statewide vaccination rate drops below 90 percent for pertussis and MMR vaccine and, then, the Health Commissioner would suspend the philosophical exemption for those vaccines. ^xvii,^xviii

The Vermont Coalition for Vaccination Choice and NVIC opposed the compromise. Jennifer Stella commented: "It basically says that only 10 percent of Vermonters get to use that right."

On May 3, behind the scenes modifications to the bill were made that removed the 90 percent vaccination rate cap and kept the philosophical exemption intact. However, the language, which forces parents to sign a statement that they agree that taking the exemption endangers their child and society, remained in the bill.

In addition, a "feasibility study" was added by bill supporters to pave the way for teachers and all school personnel to be required to show proof they are up-to-date on all government recommended vaccines in order to stay employed.

Philosophical Exemption Saved, Bill Signed by Governor

Without public hearings on the amended bill, it passed the House with a nearly unanimous 133-6 vote on May 3. On May 5, the Senate followed suit with a 20-5 vote and the bill was signed by Governor Peter Shumlin on May 16.

It was a victory for Vermont parents, who saved the exemption. Tom McLeod, a key member of the Vermont Coalition for Vaccine Choice, observed that "The most dangerous place in the woods is between a mother bear and her cubs." ^xix

The philosophical exemption to vaccination was saved because enough citizens in Vermont woke up to the very real threat posed by multi-national corporations, which have no restrictions on the aggressive marketing of liability-free vaccine products they want every American to be legally required to buy and use. Once Vermonters saw the threat, they did not sit back and let their informed consent rights be taken from them. Because they fought for their health liberty, they became an inspiration to all Americans, who want to be free to make informed, voluntary health choices.

Battle for Vaccine Choice Being Waged in Other States

The battle to protect vaccine freedom of choice in Vermont is not over, and it continues in states like West Virginia, Kansas, Michigan, New Jersey, New York and others. In California, a pediatrician legislator, Assemblyman Richard Pan, M.D., introduced a bill in February to impose restrictions on the personal belief exemption to vaccination and it was quickly passed by the Assembly and is rapidly moving through the Senate.

The California bill (AB2109) will force parents, who are filing a personal belief exemptionfor children to attend school, to pay a medical doctor or other designated medical practitioner (D.O., medical assistant, nurse practitioner or N.D. under the supervision of an M.D.) for an appointment to have the personal belief exemption form signed. Without a medical provider signature, the personal belief exemption form will not be valid and the child will be barred from attending school.

Watch an NVIC public service message about California Assembly bill AB2109.

Watch a public hearing on the CA bill.

Empower Yourself with Information and Take Action Now!

NVIC was on the front lines defending health liberty in 2011, as we have been for 30 years:

Co-sponsoring anonline annual Vaccine Awareness Week with Mercola.com;^xx, ^xxi

Sponsoring informed choice messages on Delta Airlines^xxii,^, xxiiiand in Times Square;^xxiv,^xxv

Operating the oldest and largest vaccine safety and choice information website on the Internet and daily educating 35,000 Fans on Facebook;

Serving as America's vaccine safety watchdog by monitoring and reporting on vaccine science,^xvi regulation,^xxvii policymaking^xxviii,^xxixand law^xxx through e-newsletters, press releases, referenced commentaries^xxxi,^xxxiiand special reports.^xxxiii

You can be a vaccine safety and choice advocate today by becoming a user of the free online NVIC Advocacy Portal and participating in the democratic process. Go to www.NVICAdvocacy.org and use the Portal to contact your legislators with the touch of an iPhone screen or click of a computer mouse and make your voice heard.

Be part of the growing, state-based national network of concerned families and health care professionals working with NVIC and Mercola.com to protect vaccine choices in America. If we all fight for the consumer's right to know and freedom to choose, we can win back health liberty in the states, where it has been lost, and protect it in states, like Vermont, where citizens care enough and are brave enough to stand their ground.

Our mission continues: No forced vaccination. Not in America.

http://articles.mercola.com/sites/articles/archive/2012/06/19/vermonters-save-vaccine-exemption.aspx?e_cid=20120619_DNL_art_1

Toronto Hospital is First to Recognize Symptoms from Wireless Radiation

Canada NewsWire

TORONTO, June 18, 2012 /CNW/ - Women's College Hospital says family doctors must learn to detect the symptoms of exposure to wireless radiation.

The hospital released a statement saying the symptoms include disrupted sleep, headaches, nausea, dizziness, heart palpitations, memory problems, and skin rashes.

These symptoms are now labelled Electro-magnetic Hyper-sensitivity, or "EMS".

"Health-care practitioners need to better understand EMS so they can help their patients," said Dr. Riina Bray, medical director of the hospital's Environmental Health Clinic.

Dr. Bray says the world is becoming dominated by wireless internet, cell phones and cell towers, and there can be a broad range of health impacts.

The hospital's Environmental Health Clinic has begun holding educational workshops on the subject for doctors.

Last year the World Health Organization placed microwave radiation from wireless internet and cell phones on an official Cancer watch-list. Since then several schools have removed their wifi systems and the Catholic teacher's union in Ontario has called for a moratorium on wifi installations in classrooms.