News

New Mexico Court of Appeals Briefs Filed

Three briefs have recently been filed in two cases now before the New Mexico Court of Appeals. Both cases involve the rights of people disabled by electromagnetic radiation. The two cases are Firstenberg v. Monribot (case no. 32,549) and Firstenberg v. City of Santa Fe (case no. 33,441).

On May 21, 2014, the opening brief of Firstenberg v. Monribot was filed to appeal a state court’s dismissal of a case involving the right to a safe home environment. The state court had summarily dismissed the case after the plaintiff, a person severely injured by exposure to radiofrequency (RF) electromagnetic radiation, refused to be subjected to that radiation repeatedly over many months in a court-ordered regimen of provocation testing. On June 2, 2014, an amicus brief representing 94 organizations worldwide was filed by attorney Dafna Tachover in support of the plaintiff. The amicus brief attests to the fact that RF radiation has deleterious health effects, immediate and long-term, which cause disabling and even life-threatening consequences for some people.

On June 30, 2014, the opening brief of Firstenberg v. City of Santa Fe, a petition for a writ of mandamus, was also filed with the New Mexico Court of Appeals. This case is a continuation of the ADA lawsuit which seeks to affirm that the fundamental human right to health supersedes any provision in the Telecommunications Act of 1996.