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SEPTEMBER 18TH, 2018 – TWO CAUSES THAT MERIT YOUR MOST URGENT SUPPORT!  Readers of this blog are aware of the harms that can be caused, both by smart meters and by the coming onslaught of 5G cell towers. We have meter choice legislation, Michigan House Bill 4220 before the House Energy Committee and must get the facts out to a much greater population if we are to finally get this passed in this legislative session. The most effective way to get the word out is with our 1 minute radio ad that is already playing on many Michigan radio stations. But funds are needed to continue this very effective program.  Click HERE to donate!

Meanwhile telecom companies are trying to get two bills passed, Senate Bill 637 and Senate Bill 894, which would fast track a massive installation of new 5th Generation cell towers and strip local governments and property owners of any say over the location of these towers. These bills have already passed the Michigan Senate and are to be heard before the House Energy Committee on October 4th. Many of us are working very hard to bring in experts who will back us up on the harm these new towers will cause. But money is needed to fly these experts in. Without funds we won’t be able to match the experts the telecom industry will produce.  Click HERE to donate!

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Let’s Talk About…

Wireless Radiation

& Health Effects

  • What are the health concerns associated with cell phones, cell towers, WiFi, “smart”/wireless transmitting public utility meters, and the new 5G Grid?
  • Why are children & those with autoimmune issues more vulnerable?
  • What can we do to minimize our exposure for the maximum benefit?

Join us for a conversation with Dafna Tachover, at one of these three locations and times, about the health implications of the new 5G technology and Smart Grid. Dafna will discuss the increasing levels of WiFi radiation in our biosphere, and its adverse impact on the health and well-being of humans, plants & animals.

Friday, April 20, 7pm 
Dexter District Library
3255 Alpine St
Dexter, MI

Saturday April 21, 3pm
Roscommon Library
106 Lake S
Roscommon, MI

Sunday April 22, 4pm
Better Health Store
305 N. Clippert St
Lansing, MI

Dafna Tachover is an attorney in both New York and Israel with an MBA and founder and Managing Director of  “We Are The Evidence,” an advocacy organization for protecting the rights of people who have been injured by wireless technology radiation. She has a technical background in wireless computer networks and infrastructures from her service in the Israeli Defense Forces as a Telecommunication Officer and commander of the Israeli Defense Force’s Operations Center and Headquarters.            In 2009, Dafna developed Electromagnetic-Sensitivity, a condition caused by exposure to wireless radiation. Since then, she has dedicated herself to educating the public and public officials regarding the adverse health effects of wireless technology and the widespread sickness that exists from this technology and radiation. Working on this issue at Federal and State levels, Dafna has taken part in numerous public speaking engagements, and litigated on this issue. She has been consulted in various related lawsuits, initiated and led a Supreme Court case in Israel to ban use of Wi-Fi in schools and install wired internet networks instead—a case that led to the strictest limitations in the world on Wi-Fi in schools—and represented 94 international organizations   in an amicus brief in a US case. Dafna has been one of the leading advocates on this topic globally, featured and interviewed by TIME, CNN, New York Magazine and other media worldwide and in documentaries about the topic, including in the newly released award-winning film, “Generation Zapped.”         

For more information, email MichiganSafeTechnology@gmail.com

 

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DECEMBER 16TH – CALIFORNIA ISSUES CAUTION ON CELL PHONE USE – by Olga Naidenko Ph.D.

This week, California officially issued groundbreaking guidelines advising cell phone users to keep phones away from their bodies and limit use when reception is weak. State officials caution that studies link radiation from long-term cell phone use to an increased risk of brain cancer, lower sperm counts and other health problems, and note that children’s developing brains could be at greater risk.

The state Department of Public Health was forced to release the guidelines in March after a lawsuit by University of California, Berkeley, researcher Dr. Joel Moskowitz. At the time, the department said the guidelines were only a draft, but they now are the state’s official position. The DPH guidelines closely align with EWG’s Guide to Safer Cell Phone Use, published in 2016.  MORE

PLEASE SEE OUR HOME PAGE HERE AND CONSIDER MAKING A DONATION TO MICHIGAN STOP SMART METERS TO HELP US GET THE WORD OUT SO MORE PEOPLE WILL CONTACT THEIR STATE LEGISLATOR AND URGE PASSAGE OF HOUSE BILL 4220 THAT WILL GIVE PEOPLE A MEANINGFUL WAY TO OPT-OUT WITHOUT PAYING EXTORTIONATE FEES!!!

 

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from the Center for Electrosmog Prevention

July 20th, 2017 – People with disabilities and medical conditions may feel they are being discriminated against – involuntarily exposed to RF radiation from smart meters on their property or neighboring properties that may cause harm, risk, exacerbate an existing condition, or are being charged fees to opt-out of smart meters for medical reasons (illegal surcharge). Accommodations may be requested of the PUC or utility for qualifying disabilities or medical conditions. A discrimination complaint may be filed if accommodations aren’t met.

Each state and local gov’t, including a municipal utility (run by local gov’t)  is required to follow the Americans with Disabilities Act under Title II .  Privately-owned utilities may be covered under Title III (see below). The ADA (more at http://www.ada.gov) is enforced by the US Dept of Justice (US DOJ). Privately-owned utilities that accepted federal funding for smart meter and smart grid projects also must follow certain additional federal discrimination laws, such as Section 504 of the Rehabilitation Act of 1973 (as amended), as it applies to equal access to program benefits and services (equal access to essential utilities such as electricity and gas or water)**, with enforcement by the US Dept of Energy.

People with qualifying disabilities**** under the ADA*** may wish to file a complaint against the state Public Utility Commission and the utility company involved, if they feel their rights have been violated through denial of accommodations for their disability or medical condition.  More

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Editor’s Note: Helpful supporting evidence for a discrimination complaint may soon be available from new genetic screening procedure.

 

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Analysis of the Michigan Court of Appeals Decision
May 24th, 2017

by David Sheldon*

(This case illustrates the difficulties of fighting a utility in court over smart meters, particularly when there is
perceived to be judicial bias in our courts in favor of
large corporations. It is presented at this time in view
of the recent decision of the U.S. Supreme Court not to hear this case and to underscore the necessity for our present efforts to secure legislation to protect utility customers.)

NATURE OF THE APPEAL: The defendant’s in this case, Ralph and Donna Stenman, having experienced some health symptoms from installation of a DTE smart meter, and concerned about further damage to their health and loss of privacy, strenuously objected to the installation of the smart meter, asking for return of their analog meter. When DTE ignored their pleas, the couple went ahead and replaced the smart meter with an analog meter they had purchased. DTE brought suit against them, asking the Oakland County Circuit Court for a “summary judgment” against the couple. A court can legally make a summary judgment when there are ‘no material issues of fact’ that might require a trial to resolve.

The Stenmans interviewed several attorneys and were unable to find one willing to take on DTE. Accordingly they represented themselves in the original proceeding. They requested a jury trial. Circuit Judge Rudy Nichols granted the summary judgment, so that the Stenmans were denied any kind of trial or opportunity to develop their defense. An appeal was taken to the Michigan Court of Appeals, File No 321203, over the fact they had been denied a trial. The Stenmans again filed their own appellate brief. A reply brief and oral argument were presented for them by attorney Robert Igrasin. The appeals court, judges Patrick M. Meter, Mark J. Cavanagh and Kurtis T. Wilder, issued an opinion and order in favor of DTE on July 14th, 2015 and awarded DTE its costs and decided to publish their decision, which is now in all the law libraries as a precedent for similar cases in the future.

(1) STENMAN ARGUMENT ON METER DEFINITION – DISMISSED:

The Opinion of the Court: “In the trial court and on appeal, defendants assert that a “meter” installed by a regulated public utility may only perform the functions that it is authorized by law to perform, arguing that the smart meter installed by plaintiff violated the “lawful definition of meter’ ” because it was capable of performing functions other than measuring electricity use. However, based on the plain language of the definition of “meter” in R 460.3102(g), there is no indication that electricity-measuring devices that have radio transmitters or other additional capabilities do not constitute “meters.” … The mere fact that the definition does not expressly state that a meter with a radio transmitter still constitutes a meter does not indicate that a meter with such a feature is not included under the definition. … Accordingly, we conclude that reasonable minds could not differ in finding that the smart meter installed by plaintiff qualified as a “meter.”7

Comment: The Court is saying, in effect, that the definition of ‘meter’ that is in the statute does not preclude the forced installation of any device by a monopoly utility so long as that device is called a ‘meter’ and actually does, among other things, measure electricity consumed. There is, therefore, potentially no limit on what could be forcibly installed on a private home.

(2) STENMAN ARGUMENT THAT SMART METERS WERE NEVER AUTHORIZED AS A CONDITION FOR RECEIVING ELECTRICAL SERVICE – DISMISSED:

The Opinion of the Court: “First, there was no genuine issue of material fact regarding whether the smart meter installed by plaintiff was lawful under the definition of “meter” applicable to the relevant administrative rules and tariff. Plaintiff is a public utility that is regulated by the MPSC. With regard to the regulation of public utilities, MCL 460.6(1) provides:

“The [MPSC] is vested with complete power and jurisdiction to regulate all public utilities in the state except a municipally owned utility, the owner of a renewable resource power production facility as provided in [MCL460.6d], and except as otherwise restricted by law. The [MPSC] is vested with the power and jurisdiction to regulate all rates, fares, fees, charges, services, rules, conditions of service, and all other matters pertaining to the formation, operation, or direction of public utilities. The [MPSC] is further granted the power and jurisdiction to hear and pass upon all matters pertaining to, necessary, or incident to the regulation of public utilities, including electric light and power companies, whether private, corporate, or cooperative . . . . [Emphasis added.]”

Comment: The court is arguing, in effect, that smart meters are legal as a mandatory condition for receiving electrical service because the MPSC made them so. But the panel in this case is conveniently ignoring a ruling of a different panel of the same appeals court, on February 19th, 2015, only five months earlier. In the earlier (unpublished) case, File No. 316728, consolidated appellants Kurtz, Edwards and Cusumano had argued that MPSC had erred in authorizing a type of smart meter “opt-out meter” that did not address public concerns about privacy and health. Appellants in that case had argued the MPSC had erred in authorizing this opt-out meter without allowing any evidence to be admitted concerning privacy and health issues. This was the court’s answer to that:

PSC has only the authority granted to it by statute. The PSC has broad authority to regulate rates for public utilities, but that authority does not include the power to make management decisions for utilities. … Apellants correctly point out that the PSC has no statutory authority to enable DTE to require all customers to accept an AMI meter, even if some customers choose to opt-out of the AMI program. However, no such statute exists because the decision regarding what type of equipment to deploy can only be described as a management prerogative.”

It seems to this writer that the Michigan Court of Appeals cannot have it both ways. If the earlier panel was correct that the MPSC had no jurisdiction over meter type and hence no obligation to allow evidence on privacy or health issues before approving DTE’s “opt-out” program, then the Stenman court cannot also be correct in ruling that DTE’s meter had been established as a lawful condition for receiving electrical service. Yet the Stenman court made no reference to the earlier decision, even though one of its judges had also been on the earlier panel. When one panel of the Michigan Court of Appeals overrules an earlier panel on an issue, there is a procedure for resolving the disagreement – a procedure not followed in this case.

(3) STENMAN OBJECTIONS BASED ON PRIVACY & HEALTH – DISMISSED:

Opinion of the Court: “Second, the trial court properly concluded that defendants failed to demonstrate a genuine issue of material fact as to whether their privacy and health-related concerns constituted valid affirmative defenses that excused or justified their actions related to the smart meter … In the trial court, defendants failed to provide any authority (emphasis added) in support of their claim that their privacy and health-related concerns constituted valid affirmative defenses to their violations of the relevant statutes, regulations, and tariff. … “

Comment: The Court is saying, in effect, that it is not enough for a home owner to present evidence that a utility’s actions are in fact endangering privacy or health, but that these defendants, who were without an attorney in the original court, must also cite prior court precedents where it had previously been established that privacy or health concerns could be a valid reason for opposing a utility installation. This despite the fact that the utility (plaintiff) had not cited any court precedent that privacy and health concerns were NOT a valid basis for objecting to an installation. Nor did this court cite any precedent to establish that privacy or health concerns were irrelevant to a utility installation. Where there is no precedent for a legal principle a case is generally termed a “case of first impression” and does call for analysis, but none was done by this court.

“Furthermore, even if we assume, arguendo, that defendants’ privacy or health-related concerns constitute valid defenses to their failure to comply with the relevant rules and tariff provisions, defendants failed to establish the factual bases of those defenses. “ The party asserting an affirmative defense has the burden of presenting evidence to support it.” …

“In support of their privacy defense, defendants proffered a report prepared by the National Institute of Standards and Technology entitled Guidelines for Smart Grid Cyber Security: Vol. 2, Privacy and the Smart Grid (NISTIR 7628) (August 2010). Even assuming that this report constituted admissible evidence, see MCR 2.116(G)(6), this document does not demonstrate that the smart meter installed on defendants’ property posed an actual risk to defendants’ privacy; the report generally discussed the possibility of privacy risks related to smart meters and provided recommendations for entities participating in a smart grid. …

“In support of their health-related defense, defendants provided the affidavit of Dr. Hillman, discussing the health of a three–year -old child not involved in the instant case. The affidavit does not establish that the smart meter installed at defendants’ home operated in a similar fashion, emitted the same level of “electricity [that] permeat[ed] the house,” or caused similar health effects , and thus fails to be competent evidence that the smart meter installed on defendants’ property posed a risk to defendants’ health. Again, considering the evidence that was before the trial court, we conclude that reasonable minds could not differ in holding that defendants failed to provide a factual basis for their privacy and health -related defenses and, as a result, failed to demonstrate that a genuine issue of material fact exists with regard to the viability of those defenses.

Comment: The court is saying that it is never enough to show proof that a thing has harmed others or is generally acknowledged by experts to cause a risk of harm wherever installed. The court is saying that the Stenmans must wait until their health has actually been damaged or their private information has actually been sold to third parties before they can legally object to an installation (of a device never authorized by any statute and never mandated as a condition of service by our own MPSC)

(4) STENMAN OBJECTIONS BASED ON FOURTH AMENDMENT – DISMISSED:

Opinion of the Court: “Finally, defendants argue that plaintiff’s installation of a smart meter on their home constituted a warrantless search in violation of the Fourth Amendment. We disagree. … The United States and Michigan Constitutions guarantee every person’s right to be free from unreasonable searches. US Const, Am IV; Const 1963, art 1, § 11. However, in order for Fourth Amendment protections to apply, the government must perform a search. “[T]he Fourth Amendment proscribes only government action and is not applicable to a search or seizure, even an unreasonable one, conducted by a private person not acting as an agent of the government or with the participation or knowledge of any government official.” … defendants have failed to establish that plaintiff’s installation of smart meters constitutes governmental action for Fourth Amendment purposes. Even if the state and federal governments have advocated or incentivized, as a matter of public policy, the use of smart meters, there is no indication that the government controls the operations of plaintiff, an investor-owned electric utility, or that plaintiff acts as an agent of the state or federal governments. Accordingly, we reject defendants’ claim that plaintiff’s installation of a smart meter violated their Fourth Amendment rights.”

Comment: There were ample citations in the Stenman case to situations where the government aided and abetted a private actor to commit an action later held to be a Fourth Amendment violation. In this case the federal government provided 50% of the initial funding for DTE smart meters and the MPSC mandated Michigan utilities to participate in a “Smart Meter Collaborative” to plan for the implementation of smart meters in Michigan. This court simply did not want to go there.

SUBSEQUENT ACTIONS: Application was made for the Stenmans by attorney Don Keskey to the Michigan Supreme Court to hear an appeal, and that application denied on March 8, 2016. Application was made, also by Don Keskey, to the U.S. Supreme Court for a Writ of Certiorari and denied by that court on May 4, 2017.

The legal brief filed by the Stenmans can be found HERE.

 The decision of the Michigan Court of Appeals on this case can be found HERE.

 The conflicting decision of the Michigan Court of Appeals on the earlier, Kurtz, Edwards and Cusumano consolidated appeals can be found HERE.

 CONCLUSION: In view of this case, other utility customers wishing to fight their utility in court over a smart meter installation will have a hard road to travel. That doesn’t mean it is impossible, but any future case will need to distinguish itself from this case by rigorous presentation of evidence with the first filing or first response or by the time of a first motion hearing. A case in which actual harm, and not only hypothetical harm, can be shown conclusively, would have a distinct advantage. All that happened in this case also illustrates the importance of securing a legislative solution, as many of us are attempting to do now with Michigan House Bill 4220, sponsored by Representative Gary Glenn with 17 cosponsors.

 Text of the Glenn bill as originally introduced can be found HERE. A subsequent admendment was approved in committee that excluded water utilities from the bill.

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* David Sheldon is not an attorney but has represented himself successfully in both federal and state courts.

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David_O_Carpenter_from_the_University_at_AlbanyGives very strong and credible testimony on the health problems caused by “smart” meters in DTE’s current rate case.

July 6th, 2015

We were and are convinced that having the testimony of a highly credible and seasoned professional could help us strike a blow against “smart” meters in this rate case. More importantly the testimony will help us to make our case before the legislature and for our upcoming battles with DTE in the regular courts.

DTE brought the current rate case to the Michigan Public Service Commission. In this case, U-17767, DTE is seeking across the board rate increases for most of its services but also requesting the Commission to approve continued customer funding of “smart meters.”

Dr. Carpenter is known in professional circles all over the world. He is known for his view that smart meters represent a real threat to the health of utility customers. Dr. Carpenter was the leader of a group of 45 doctors and scientists who signed the “Toronto Statement” warning of the dangers of smart meters in 2012. He was one of the authors of the Bio-initiative Report and about 350 articles that have been published in peer reviewed journals. He is currently the Director of the Institute for Health and the Environment, State University of New York at Albany.

The doctor generously contributed his time for this case, asking only to be reimbursed for his out-of-pocket expenses for travel from New York. Even so, Michigan Stop Smart Meters is out about $1000 for the trip expenses so that we need to appeal to you, our fellow smart meter activists. You all now have a better shot at keeping a smart meter off your own homes because of the facts this doctor got on the record this week!

In accordance with the Commission’s normal procedures, all witnesses submit their direct testimony in written form many weeks prior to a hearing. They are required to be present at the hearing so that opposing parties may cross-examine them on that testimony. Dr. Carpenter’s cross-examination gave him an opportunity to make his written testimony come alive and to establish his credibility with the judge as a seasoned and highly credible professional.

Our thanks go to all of you activists, who made the trip from Detroit to Lansing to show support for our issue and for the doctor’s testimony. About half the people in the room were activists known to us. The other half were MPSC staff people, including all of the ones directly involved in the planning of smart grid.

Our thanks also go to smart meter activist Richard Meltzer, who conducted the primary cross-examination of the doctor, lasting more than two hours. This was necessary because we had advance indications that the attorneys for DTE and MPSC staff were going to waive cross. We think they made that choice in hopes of denying the doctor an opportunity to establish his bona fides. As it turned out DTE did not cross and staff’s cross was limited to about 3 questions. But their strategy ultimately failed because of Richard’s outstanding questions.

Richard was allowed only to ask questions designed to clarify the original testimony, not to expand on it. There were many objections from the attorneys for DTE and MPSC staff. Despite all the objections we wound up getting more than enough of the critical facts developed on the record. DTE and staff did not put any evidence into the record that would establish that smart meters do not cause harm.

In the end what we got on the record was that smart meters will adversely impact about 5% of the population almost immediately following installation, and are likely to cause cancers or neurological illnesses in the long run for a much larger share of the public. We got on record that the first cause of harm is the pulse modulation of the microwave radio carrier. This makes smart meters very different than am or fm radio broadcasting. We also got on record the fact these meters, even with radio off, put dirty electricity on the wiring of homes and businesses. This is critical because it shows that the so called “opt-out” meter DTE is offering is no true opt-out at all!

Michigan Stop Smart Meters asks you to consider if you are not better off because we finally got some real testimony on the record. This event set us back about $1000. Some have already made generous contributions. If you can send in a contribution of $100, $50, $25 or whatever you can afford, we will be made whole for the expense of this event. Any excess of contributions that come in will put us in a position to undertake other projects to advance the goals we all share of protecting our health and our privacy and forcing DTE to stop the bullying.

Please mail contributions to:

Michigan Stop Smart Meters
215 West Troy #4004
Ferndale, MI 48220

 

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Dr. David O. Carpenter to Testify Against “Smart Meters”
in Utility Rate Case
before
Michigan Public Service Commission.

David_O_Carpenter_from_the_University_at_AlbanyDr. Carpenter’s position is that the current smart meter technology
poses health risks both because of the microwave radiation and
because of the low frequency “dirty electricity” these meters put
on the wiring of homes and businesses.

Cross Examination of Dr. Carpenter
Michigan Public Service Commission
7109 West Saginaw Highway
Lansing, MI

Monday July 6th, 9 AM

Dr. Carpenter is currently Director of the Institute for Health and the Environment, State University of New York at Albany. He has published some 350 papers in peer reviewed journals.

We would like to see as many as possible attend the above
hearing before the administrative judge to show support for
Dr. Carpenter and for the testimony he is providing that will
be so helpful to our cause.

Directions from Detroit area: Follow I-96 from Detroit to Lansing and continue up the west side of Lansing, then exit to Saginaw Highway
and proceed
about 3 blocks east.

If you care about putting the brakes on this harmful technology, consider making a donation of $100, $50, $25 or whatever you
can afford to cover Dr. Carpenter’s travel expenses.

The doctor is, apart from reimbursement of out of pocket expenses, receiving no payment for his testimony. It is costing about $1,000
for air fare and rental car to bring him to this hearing.
This money
has been advanced by
Michigan Stop Smart Meters. Any money
raised
in excess of these travel expenses will go toward our ongoing
legal efforts and toward cost of
travel to put on smart meter
lectures
all over the state.

Please send contributions by check or money order to:

Michigan Stop Smart Meters
215 West Troy #4004
Ferndale, MI 48220