CTIA - The Wireless Association v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CTIA - THE WIRELESS ASSOCIATION, Case No. 15-cv-02529-EMC

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION FOR JUDGMENT ON THE

PLEADINIGS

CITY OF BERKELEY, et al., Docket No. 143 Defendants.

12 13 In 2015, the City of Berkeley passed an ordinance that “requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation.” CTIA – The Wireless Ass’n v. City of Berkeley, 928 F.3d 832, 836 (9th Cir. 2019). Plaintiff CTIA – The Wireless Association previously moved for a preliminary injunction to stay enforcement of the ordinance. CTIA argued that the ordinance violated its First Amendment rights and further was preempted by federal law. This Court initially granted the motion in part because it found certain language in the ordinance problematic. But after the City modified…