CTIA—the Wireless Association® v. City of Berkeley

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; AND GRANTING NRDC’S MOTION FOR LEAVE TO FILE AMI-CUS BRIEF

As alleged in its complaint, Plaintiff CTIA — The Wireless Association (“CTIA”) is a not-for-profit corporation that “represents all sectors of the wireless industry, including but not limited to manufacturers of cell phones and accessories, providers of wireless services, and sellers of wireless services, handsets, and accessories.” Compl. ¶ 18. Included among CTIA’s members are cell phone retailers. See Compl. ¶ 19. CTIA has filed suit against the City of Berkeley and its City Manager in her official capacity (collectively “City” *1051 or “Berkeley”), challenging a City ordinance that requires cell phone retailers to provide a certain notice regarding radiof-requency (“RF”) energy emitted by cell phones to any customer who buys or leases a cell phone.. According to CTIA, the ordinance is preempted by federal law and further violates the First Amendment. Currently pending before the Court is CTIA’s motion for a preliminary injunction in which it seeks to enjoin enforcement of the ordinance. Having considered the parties’ briefs and…