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by David Sheldon

February 27th, 2017 – All of us who care about the meter choice issue owe a debt of gratitude to Mark Lerner and the organization he represents, Constitutional Alliance. Mark has given generously of his time and experience in legislative matters to assist us in achieving meter choice legislation. Constitutional Alliance has, as its main issue, a campaign against forced biometrics. One of the central principles of his group is A free society and a surveillance society cannot be reconciled. Biometrics is the linchpin to a surveillance society.”

Forced biometrics involves the Real ID Act, any requirement that people submit to high resolution facial photographs or retina scans for id purposes. These technologies pose an unprecedented threat to human freedom, in a society where there are high resolution cameras on every street corner. Individuals can be tracked with precision and all their movements stored in a central database. The ability of individuals to participate freely in political discourse or protest demonstrations becomes chilled in direct proportion to this breakdown of anonymity.

Mark saw in our smart meter movement issues and positions, particularly those dealing with privacy, freedom from surveillance and property rights, very much in harmony with what those for which his organization stands. Mark regularly works with legislators in many states to resolve issues involving privacy and biometrics. He has worked with us in recent years to help persuade Michigan legislators of the need for meter choice legislation. His efforts, along with our own, have brought us to the point where we have House Bill 4220 being heard by the House Energy Committee and a real shot at getting this legislation passed – at least by the House.

Michigan Stop Smart Meters is and has been from the beginning a non-partisan organization. We are not right or left. We have not so far endorsed any candidate for political office. If we do so in future, we will pick candidates who have helped us in our smart meter fight, regardless of party. Mark has written an excellent commentary on similar principles his organization follows titled My own appreciation for the organizations that work together to protect our freedom” here.

Again, thank you Mark for all you have done!

 

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By James F. Tracy
(Link to original article on Memory Hole website)

Over the past several years a conspiracy of silence has surrounded the implementation of the Smart Grid across the United States, perhaps with Smart grid cartoon imagegood reason. If the public was aware of what lay behind this agenda there would likely be considerable outcry and resistance.

“Smart meters”–the principal nodes of the Smart Grid network–are being installed on homes and businesses by power utilities across the United States under the legal and fiscal direction of the United States government. In December 2007 both houses of the US Congress passed and President George W. Bush signed into law the Energy Independence and Security Act (EISA).

This 310-page piece of legislation employs the dubious science of anthropogenic CO2-based climate change science to mandate an array of policies, such as fuel efficiency standards for vehicles and “green” energy initiatives. Tucked away in the final pages of this law is the description and de facto mandate for national implementation of the Smart Grid that the Bush administration promised …  More

Editor’s note: We have been battling smart meters in Michigan for 4 years now – in the courts, before the Public Service Commission and now in the legislature. To the best of our knowledge, Channel 4 in Detroit (WDIV), has never run a story about there being any problem or controversy surrounding smart meters.

Related Story: ‘Media Blackout on Smart Meter Dangers’ Wins Project Censored Award    More

 

 

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smart-lightsTHEY ARE HERE AND THEY ARE WATCHING!

April 17th, 2015 – (TruthstreamMedia.com) Despite appearances, the “smart” society was never based on saving energy, saving money or saving the environment.

The real aim has been to control the population and conduct absolute surveillance on the larger herd and even every individual.

Thanks to smart phones, smart meters, smart grids, smart TVs, smart cars and smart appliances, the places you go, the people you contact and all the things you interact with are logged, tracked and analyzed by advanced computer algorithms. Thanks to search engines, the technocrats even believe they known what you’re thinking and what you’ll do next.

Now, the “smart” street lights that record conversations and broadcast government propaganda are actually being rolled out on city streets across America. <More>

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FLORIDA ROLLS OUT HIGH TECH ‘SMART’ STREET LIGHTS!

smart-lightsApril 17th, 2015 – (TruthstreamMedia.com) Despite appearances, the “smart” society was never based on saving energy, saving money or saving the environment.

The real aim has been to control the population and conduct absolute surveillance on the larger herd and even every individual.

Thanks to smart phones, smart meters, smart grids, smart TVs, smart cars and smart appliances, the places you go, the people you contact and all the things you interact with are logged, tracked and analyzed by advanced computer algorithms. Thanks to search engines, the technocrats even believe they known what you’re thinking and what you’ll do next.

Now, the “smart” street lights that record conversations and broadcast government propaganda are actually being rolled out on city streets across America. <More>

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LET’S MOBILIZE OUR FORCES

Hall of Justice - large front viewWho Should Come? All of us who are angry about ‘smart’ meters and DTE’s unconscionable threats to turn off power to those of you who have been defending your homes!

What We Will See Tuesday: A hearing in front of a three-judge panel of the Michigan Court of Appeals. The issues are whether DTE’s ‘opt-out’ plan is legal and whether the Public Service Commission (MPSC) did its job properly in evaluating that plan. There will be oral arguments presented by an attorney on our side and by attorneys representing DTE and MPSC. Most interesting will be questions that some of these judges will pose to the attorneys. This may give us an early indication, which way the wind is blowing. For a more detailed discussion of what these appeals are all about see our earlier post: Appeals of DTE Smart Meter ‘Opt-Out’ Will Be Heard!

Just Added: Full brief of the Cusumano Appeal!

Where? The Michigan Hall of Justice, 2nd Floor. This building, shown above, is at 925 West Ottawa Street, in Lansing between Ottawa Street on the north, Allegan Street on the south and Martin Luther King, Jr., Boulevard on the west. It is on the opposite end of the mall from the Capitol Building.

When? Tuesday, January 13th at 10 am. This session of court runs from 10 am until noon. It is likely that other appeals will be heard before ours is called.

Why Should We All Come? This will not be a forum for us all to express our discontents. It is a legal proceeding in a courtroom in which only the named parties may take an active role. But it is important the judges see that there is strong public support for the parties who have brought this case. People watching in courtJudges are supposed to rule strictly according to law, but judges are human. And judges are often feeling pressure from the political establishment and from powerful special interests to uphold policies and programs we find unacceptable. If they look out upon a mostly empty courtroom their courage to buck the establishment may falter. But if they look out upon a courtroom that is jammed with people who CARE about the issue before them, and SUPPORT those who have brought the complaint before the Court, it may make a difference!

Who Has Brought This Issue Before the Court? There are actually two appeals. One was brought by Cynthia Edwards, Linda Kurtz and Leslie Panzica-Gloppa. The other by Dominic and Lillian Cusumano. Both appeals are by people who took part, two years ago before the MPSC, in the so-called DTE ‘opt-out’ case. Both appeals argue that DTE’s ‘opt-out’ plan, as approved by that Commission, is illegal and needs to be retooled so that people have a real CHOICE.

Map, Directions and Parking: The travel time from Detroit is about 1- 1/2 hours. Longer during rush hour or if there are adverse road conditions. Parking can be a challenge for first timers. Much helpful information at this link: http://www.michigan.gov/documents/gtfcj/Directions_to_the_MI_Hall_of_Justice_184038_7.pdf

Appropriate Attire: We have been advised that we will make a better impression if we are conservatively dressed. For the men a suit and tie is recommended. Blue jeans are out!

What Can We Hope For? A decision overturning the DTE ‘Opt-Out’ plan that was approved by the Public Service Commission. The case would then likely be remanded to the MPSC for a do-over, but with specific instructions as to issues that must be considered and evidence that must be heard. The forced installations and threats we are seeing now would stop until a new plan is approved. Alternatively, the Court might uphold the DTE ‘opt-out’ plan, in which case forced installations would continue and we would have to seek a remedy by starting a new action in a trial court.

There is a tentative plan for us all to go out to lunch at a restaurant within walking distance of the Hall of Justice. Meet after hearing in rotunda, outside courtroom.

 SEE YOU THERE!

 

 

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Stopping Federal AbusesSmart Meters Are Only One Example of Federal Abuses!
by Vigilant Dave

(photo at right courtesy of ratch0013 at freedigitalphotos.net)

Michigan Stop Smart Meters is non-partisan. We do not endorse political parties or candidates for office. In order to build the broadest possible coalition, we do not usually get involved in issues other than smart meters. But we have seen so many examples of a growing federal tyranny in this country, of violation of our rights as citizens, of unconstitutional acts of our government, that it is impossible to remain silent about the overall trend of these matters.

Our federal government now boldly asserts the right to spy on ALL the communications of ALL of us, and to lock any of us up indefinitely without charges or a trial. Can it be any great surprise then that they now also assert the right to spy on us in our homes, to control our appliances and even to make many of us sick in the process? There is a pattern to all this. What we are learning is that elections make no difference to the long run trends. We are learning that, all too often, people spend thousands of dollars fighting injustices in courts, only to have their lawsuits thrown out by system loyal judges on the flimsiest of pretexts. We are learning that powerful interests really control this country and NOT the leaders we thought we were putting in power with the last election.

Smart meters are just one facet of this. This is a federal program with our federal tax dollars being used, in effect, to bribe utility companies and state regulators. The rights of individual utility customers are being trashed. Legislators, Attorney Generals and courts are choosing to maintain the “system” rather than to defend the citizens. Happily there are a few exceptions now and then as when the Michigan House Oversight Committee, under the leadership of now retired Rep. Tom McMillin, held a four hour hearing where most of us got a chance to voice our protests on the smart meter issue. Still, we have to wonder what will come of that hearing. After all, McMillin’s committee heard our grievances only after the House Energy and Technology Committee refused to do so. Is there going to be any desire in the new legislative term to follow through with a meaningful new law? Or is it going to be business as usual with our elected state lawmakers being manipulated by powerful corporations and by an all-powerful federal government?

More and more we are going to have to see the broader picture of which smart meters are only one part. We are going to have to find the will, the courage and the means to challenge a federal government that is out of control. We can’t do that by “voting the bums out”. We have seen over and over that doesn’t work. We only get new bums. And we have seen over and over that the federal court system does not check federal abuses.

Is there an answer? We think there is, and we can do no better than to recommend the work of the Tenth Amendment Center and heartily endorse their program for taking back our country:

 A Ten-Step Program for Constitutional Recovery
http://tenthamendmentcenter.com/2014/12/31/a-ten-step-program-for-constitutional-recovery/

 

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Michigan Smart Meter Appeal Hearing

Court of Appeals RotundaMark Your Calendar! The long awaited appeals of the DTE smart meter opt-out plan will be heard by the Court of Appeals in Lansing on January 13th, 2015 at 10 AM! It is important that we have as many as possible attend!

 Two appeals were filed June 14th, 2013 of the DTE opt-out plan approved by the Michigan Public Service Commission. Dissatisfaction with this opt-out plan focused on two primary issues:

a) the plan did not allow anyone to keep (or get back) their analog electric meter, and

b) the plan requires payment of extortionate “opt-out fees” which will prevent many from opting out and are only likely to be increased in future years.

Analog electric meters are the only kind that is accepted by most smart meter protesters. The reasons are that they cannot invade privacy by tracking household behavior minute by minute, because they do not emit microwave radiation and because they do not put low frequency “dirty electricity” on home wiring. DTE would have us believe that they are addressing our concerns by offering a “non-transmitting” smart meter as the opt-out meter. They are NOT. Two appeals were filed on June 14th, 2013 to try to overturn the May 15th, 2013 decision of the Michigan Public Service Commission (MPSC) that approved DTE’s “opt-out” program. These appeals have taken 19 months to reach the point where they can be heard and decided. They are:

The Edwards/Kurtz/Panzica appeal – issues as follows:

  • The MPSC effectively did mandate smart meters by its opt-out decision and lacked statutory authority to make such a mandate.
  • The opt-out decision cannot stand because there was no consideration of what benefits, if any, the so called opt-out meters provide the opt-out customers in exchange for the fees being imposed.

For a more detailed discussion of the issues raised by this appeal see the discussion at: http://smartmetereducationnetwork.com/optout-status-appeal-mpsc-decision.php.

The Dominic and Lillian Cusumano appeal – issues are as follows:

  • The scope of the MPSC hearings of DTE’s opt-out proposal was improperly limited by the administrative judge. No consideration was given to the type of meter to be offered opt-out customers, no attention to privacy concerns and no attention to the fact that many opt-out customers would be paying fees just to maintain the health they had before smart meters were deployed.
  • The administrative judge incorrectly applied a doctrine of “managerial prerogatives” to limit the jurisdiction of the MPSC regarding issues profoundly affecting the welfare, health and privacy of utility customers and the public.
  • Issues ruled “beyond the scope” in this case based on the notion they had been addressed in earlier MPSC cases had not, in fact, ever been addressed at all.
  • Appellants were denied the opportunity to establish an evidentiary foundation for their complaint that both the ‘smart meter’ and the ‘non-transmitting’ opt-out meter violate the Fourth Amendment to the U.S. Constitution.

The two above appeals were consolidated into one for hearing purposes.

What will happen at this appeal hearing: A three judge panel will hear oral arguments for and against these appeals. Typically the judges take turns throwing questions out to be answered by the parties. In this case there will be attorneys representing DTE, attorneys representing the MPSC and attorneyKurt Koehler will be representing appellants in the first case (above). The second appeal was brought by the Cusumanos without benefit of an attorney and they will not be eligible to participate in oral argument. They must stand on their written briefs. It is likely however that some argument will be heard about their briefs since judges may wish to question the attorneys for DTE and MPSC with regard to the Cusumano appeal. Sometimes the type of questions judges pose give a clue, which way the judge is leaning. Sometimes not. A good way to get a sense of how this might go is to watch the video of the Maine Supreme Court hearing on smart meters on this website: https://michiganstopsmartmeters.com/2013/03/29/maine-supreme-court-hears-smart-meter-case/

What Are the Possible Outcomes:

1) The court may uphold the decision of the MPSC and deny both appeals.

2) The court may find that the decision was illegal because the MPSC exceeded the authority granted it by the legislature.

3) The court may find that the decision must be reversed because the scope was improperly limited by the MPSC so as to prevent building a record of competent evidence to support the decision. In this case the court would likely remand the case back to the MPSC for a do-over, with specific instructions about issues they must consider and types of evidence they must hear the second time around.

4) The court may find that the decision must be reversed and remanded to MPSC with instruction to consider what benefits, if any, the opt-out plan provides the opt-out customers.

 PLEASE COME AND SUPPORT US! THIS COULD BE A DAY OF VICTORY FOR ALL OF US WHO HAVE RESISTED THESE METERS! YOU WILL BE GLAD YOU WERE THERE TO SEE IT FIRST HAND!!!

Court Address:
2nd Floor, Hall of Justice
925 West Ottawa St.
Lansing, MI