ON DECEMBER 21, 2018THE SANTA FE ALLIANCE FOR PUBLIC HEALTH AND SAFETY FILED A LAWSUIT in federal court challenging the constitutionality of laws that are threatening our health and environment. Named as Defendants are the City of Santa Fe, the Attorney General of New Mexico, and the United States of America.

The City and State laws we are challenging permit wireless facilities anywhere on the streets and sidewalks of New Mexico and repeal all zoning regulations that used to apply. We are also challenging the constitutionality of Section 704 of the Telecommunications Act of 1996, which for the past 23 years has prohibited States and municipalities from regulating cell towers on the basis of health, and has effectively prohibited the public from speaking about health or environment.

These laws violate:

  • Freedom of Speech (First Amendment);
  • The Right to Petition the Government for Redress of Grievances (First Amendment);
  • The Takings Clause of the Fifth Amendment, which provides that “private property shall not be taken for public use, without just compensation”;

and deprive people of life, liberty and property without

  • Due Process of Law (Fifth and Fourteenth Amendments).

Our First Amended Complaint for Declaratory and Injunctive Relief, filed with the court on January 29, 2019, is here : https://www.cellphonetaskforce.org/wp-content/uploads/2019/01/Doc-19-First-Amended-Complaint.pdf.

The Alliance includes doctors, health care practitioners, psychotherapists, artists, teachers, a Health Department official, a city planner, a world class athlete and others who have lost jobs and homes to cell towers, or who have patients who have lost jobs and homes to cell towers. As far as I know, this is the only litigation of its kind in the United States at the present time.

Our Motion for Preliminary Injunction, filed with the court on September 3, 2019 along with the affidavits of 8 expert witnesses, is here: https://www.cellphonetaskforce.org/wp-content/uploads/2019/09/Doc.-63.pdf. Our Reply in Support of our Motion for Preliminary Injunction, filed with the court on October 1, 2019, is here: https://www.cellphonetaskforce.org/wp-content/uploads/2019/10/Doc.-68-Reply-on-Motion-for-PI.pdf.


The district court dismissed our case on May 6, 2020, and on May 15, 2020 we filed an appeal in the Tenth Circuit Court of Appeals. Our briefs to the Tenth Circuit will be posted here when they are filed.