SAN FRANCISCO (AP) — San Francisco appears to be giving up its battle for an ordinance that would require retailers to warn customers about cellphone radiation and its health effects.
The Board of Supervisors voted Tuesday to approve a settlement promising that the city would agree to a permanent injunction against the ordinance, the San Francisco Chronicle reported (http://bit.ly/10pqPLR ). In exchange, the Cellular Telecommunications and Internet Association would waive its claims for attorney's fees.
Supervisors approved the ordinance in 2010 requiring cellphone vendors to post in their stores the level of radiation emitted by the different devices. The cellphone industry quickly filed a lawsuit seeking to overturn the local law.
Last year, a federal appeals court decided that the first-of-its-kind legislation violated the industry's First Amendment rights.
"I am for pushing the envelope on something as important as this, but I think the legal reality is such that if we do not approve this settlement, we're talking about having to pay half a million in legal fees," Supervisor David Campos said. "It's a very tough situation, but the last thing I want is to have the general fund give half a million dollars to lawyers in this case."
Supervisor John Avalos was the lone vote against settling the lawsuit.
Information from: San Francisco Chronicle, http://www.sfgate.com