Ctia

ORDER ON MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

With respect to the ordinance entitled “Cell Phone Disclosure Requirements,” recently adopted by the City and County of San Francisco, this order Sustains its requirement to make available informational fact-sheets (to be corrected as indicated below) but Enjoins the remainder of the ordinance as violative of the First Amendment.

STATEMENT

In anticipation of the looming compliance date for a cell phone right-to-know ordinance adopted by the City and County of San Francisco, plaintiff CTIA — The Wireless Association challenges the ordinance as violative of the First Amendment and as preempted by federal law. The ordinance applies to cell phone providers who sell through any retailer in San Francisco and to any cell phone retailers therein who sell or lease cell phones. It requires cell phone retailers to inform customers about issues pertaining to radiofrequency (“RF”) energy emissions and about precautions to minimize exposure to RF energy. Specifically, retailers are required to prominently display an informational poster in the store, to provide every customer with an information fact-sheet, and to paste an…