Note: read the original pdf of this important December 30, 2019 letter here.
RONALD D. RATTNER
Attorney at Law (retired)
1998 Broadway #1204
San Francisco, CA 94109-2206
December 30, 2019
To: San Francisco Mayor London Breed, Supervisors and other City officials and agencies.
Subject: Notice of Legal Responsibility to impose an IMMEDIATE moratorium on further deployment of 4G/5G wireless antennas and networks.
Notification: You are requested to IMMEDIATELY stop permitting pervasively poisonous invisible microwave pollution throughout the City and County of San Francisco, from scientifically experimental, unsafe and untested 4G/5G wireless antennas, cell towers, and networks, and from Sutro Tower.
Explanation: NO SAN FRANCISCAN WANTS TO LIVE NEAR OR WITHIN RADIATION RANGE OF DANGEROUS MICROWAVE ANTENNAS!
Thousands of independent peer-reviewed scientific studies overwhelmingly reveal serious and irreversible microwave health and safety dangers to vulnerable citizens, especially children, pregnant women, the elderly, Electromagnetic Sensitive (EMS) persons and numerous others suffering stressful chronic diseases.
Such studies are authoritatively cited in an important October 17, 2019 Scientific American article titled "We Have No Reason to Believe 5G Is Safe”, by Joel M. Moskowitz, PhD, director of UC Berkeley, Center for Family and Community Health —>https://blogs.scientificamerican.com/observations/we-have-no-reasonto-believe-5g-is-safe/.
The article concludes by urgently advocating public support of:
“An immediate moratorium on the deployment of 5G and demand that our government. . adopt biologically based exposure limits that protect our health and safety.”
A 4G/5G moratorium is required by State and local laws that obligate all public officers and agencies to protect the public health and safety and to prevent harm.
Moreover, permitting poisonous pollution, which is scientifically experimental, unsafe and untested without informed consent of potential victims would constitute civil and criminal dereliction of domestic and international laws and rules, including the Nuremberg Code, which proscribes untested experiments on humans without their informed consent.
Pertinent Local Law: Especially pertinent to San Francisco’s local jurisdiction are:
The California Constitution which confers inalienable rights of “enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy”.
State and local laws which proscribe pollution and obligate all public officers and agencies to protect the public health and safety and prevent environmental harm.
The unanimous California Supreme Court T-Mobile decision which emphatically affirms retained local jurisdiction of every California city to regulate “lines or equipment” on public rights of way that “might cause negative health consequences, or create safety concerns.”
San Francisco’s 2003 Precautionary Principle ordinance, which mandatorily (and not discretionally) applies to all San Francisco “officers, boards, commissions, and departments”, and which explicitly states, “There is a duty … to prevent harm”, and requires resolution of any scientific uncertainty to protect people and the environment, not giant corporations. viz.
“Where threats of serious or irreversible damage to people or nature exist, lack of full scientific certainty about cause and effect shall not be viewed as sufficient reason for the City to . . . prevent the degradation of the environment or protect the health of its citizens.”
The City and County of San Francisco is the only US metropolis that has legislated the Precautionary Principle as its official environmental policy. Moreover, like the Golden Rule of ‘do no harm’, the Precautionary Principle is a universal law of morality, which pertains to every adult everywhere. Just as we don’t harm others in ways we don’t want to be harmed ourselves, we don’t harm our precious planet’s environment, because what we do to it, we do to ourselves.
Failure to obey pertinent law: Since City officials and agencies are on clear notice of overwhelming scientific evidence of 4G/5G dangers to all life forms, your failure to promptly stop further unnecessary, untested, and experimental proliferation of 4G/5G antennas and wireless circuits will render you (inadvertently) complicit as accessories to civil and criminal assaults against your uninformed and vulnerable constituents, and in violation of Nuremberg Code international law prohibitions against untested experimentation on vulnerable humans, without their informed consent.
Contrary to erroneous legal advice from Verizon attorneys and deputy city attorney William Sanders, an immediate small cell moratorium was never preempted by egregiously outdated, incorrect and fraudulently misleading 1996 FCC pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) exposure guidelines.
A moratorium is required both legally and morally because thousands of peer-reviewed independent scientific studies now overwhelmingly reveal serious and irreversible wireless microwave exposure negative health consequences. Moreover, world-renowned independent biochemistry and medical science experts, like Professor Emeritus Martin L. Pall, urgently warn of extremely imminent and irreversible threats to all humans and other Earth life forms from further deployment of experimentally untested 4G/5G antennas in close proximity to home, schools and care facilities.
Justice Delayed, is Justice Denied.
Since June 2019, Rick Swig, President of the San Francisco Board of Appeal, has urgently and repeatedly asked Tomás Aragón M.D. for an updated SF-DPH memorandum on the health effects from and regulation of wireless communication networks. And the BOA has delivered to Dr. Aragón voluminous documents confirming overwhelming scientific evidence of 4G/5G dangers to all life forms, at radiation levels that are many thousands of times lower than outdated and misleading 1996 FCC RF-EMR exposure guidelines.
But, dilatorily and unjustifiably, Dr. Aragon’s promised response was delayed until this month, December 2019, long after he was on clear notice of serious and irreversible RF-EMR health dangers, requiring an IMMEDIATE precautionary principle moratorium. Now, apparently Dr. Aragón is further unjustifiably delaying his projected response date until next year, allegedly because of other research priorities imposed upon him by DPH director Dr. Grant Colfax, and by postponed implementation of the BOS Ordinance 190-19 amendment to SFDPW’s Article 25.
According to a December 13 Bloomberg News report, AT&T 5G has officially ‘gone live’ in San Francisco. —> https://www.bloomberg.com/news/articles/2019-12-13/at-t-5g-goeslive-in-cities-such-as-los-angeles-san-francisco
I am informed that an extremely EMS therapist friend, and cancer survivor, residing near a newly activated AT&T 5G antenna has become intermittently sick and dysfunctional with new symptoms; and that other vulnerable San Franciscans are experiencing new 5G radiation symptoms, with many forced to leave the city.
After previously meeting in person with Dr. Aragon before 5G assaulted her, my therapist friend recently phoned him with urgent pleas for his help. But her urgent pleas merely resulted in Dr. Aragón’s promise that DPH will measure nearby 5G radiation next year, while San Franciscans are being assaulted and sickened by microwave poisoning which needs to be stopped IMMEDIATELY.
So, in my opinion, just as:
Nero fiddled while Rome burned; Drs. Aragon and Colfax dawdle, as all San Franciscans are RF-EMR-assaulted: many may sicken and some may die.
I believe that Drs. Aragón and Colfax have (inadvertently) become accessories to criminal assaults against San Franciscans, including violation of Nuremberg Code international law prohibitions against admittedly untested experiments on humans without their informed consent.
During a 12/16/2019 BOS 5G Committee hearing, San Francisco family doctor Thomas S. Cowan, M.D. testified that:
“We are at a crossroads in San Francisco. We can either reject this 4G/5G rollout and begin to lay the foundation for a safe wired city, or we will risk becoming one of the most toxic cities in the world.”
I emphatically concur with Dr. Cowan’s insightful and incisive ‘crossroads’ testimony. But contend that he materially understated the incalculably immense risk of further untested 4G/5G rollout, which seriously and irreversibly threatens not just San Franciscans, but people and Nature everywhere.
Thus, the overriding responsibility of all San Francisco officers and agencies to preserve public health and safety requires an immediately legislated moratorium on further deployment of 4G/5G, plus elimination and/or curtailment of all unnecessary existing wireless hazards; with enactment of local radiation standards more stringent than egregiously outdated and misleading FCC RF-EMR standards, which threaten rather than protect human health and the environment.
All new wireless legislation and regulations must be scrupulously consistent, legally and morally, with the mandatory 2003 Precautionary Principle ordinance. As the only US metropolis with the precautionary principle as its officially enacted ‘do no harm’ environmental policy, may San Francisco inspire the nation and world to end the close proximity 4G/5G rollout insanity.
Retired San Francisco Attorney
(J.D. U of Chicago, 1958)