CHD v. FCC – Stopping OTARD Lawsuit
Read About the Case:
Case Summary – Challenging OTARD Rule Amendment
On 2/26/2021, the Children’s Health Defense (CHD) filed a case (called a Petition for Review) against the Federal Communications Commission (FCC) challenging the amendment to the “Over-the-Air Reception Devices” rule (OTARD). The amended rule was adopted by the FCC on 1/7/2021 and went into effect on 3/29/2021.
CHD’s Petition was joined by four individual petitioners, including a physician and the two parents, each with two children who have been injured by wireless radiation. The case was filed in the US Court of Appeals for the DC Circuit.
Robert F. Kennedy, Jr., justly described OTARD as a “draconian rule” as it will have overreaching implications. From the moment CHD became aware that the FCC intended to adopt this rule, it was clear to us that allowing it to go into effect without a challenge was not an option.
In April 2020, CHD started its campaign against OTARD by laying the groundwork for a lawsuit when it filed a 22-page letter with the FCC. The letter was joined by a record number of 15,090 people, and a staggering number of them, 6,231, declared that they and/or their children have become injured by wireless radiation.
Over 2,500 people added personal comments, many of them substantive, with heartbreaking testimonials of sickness and death caused by wireless radiation. Press here for a collection of 246 comments. Parents wrote about their children’s sickness with cancer, radiation sickness, and the aggravating effects of wireless on their children’s autism symptoms and seizures. They are terrified of the devastating effects the adoption of OTARD will have on their lives.
CHD’s suit, filed under the Administrative Procedures Act, asserts that the FCC’s adoption of OTARD violates constitutional rights and upends long-standing common law personal and property rights. It leads to due process violations, is arbitrary, an abuse of discretion, and it passed without authority and statutory jurisdiction.
Watch Press Conferences & Webinars
Watch Webinar – Main Brief Submission & Amicus Brief Webinar and Q&A
Press Conference – Emergency Injunction Against the FCC Filed
STAGE 5: Amicus Brief Submission – June 30, 2021
Court Filing – Amicus Brief on Behalf of 68 Organizations
Webinar – Main Brief Submission & Amicus Brief Webinar and Q&A
In the Media – DC Circuit Urged To Overturn FCC’s Expanded Antenna Rules
STAGE 4: Main Brief Submission – June 23, 2021
Court Filing – Opening Brief (Main Brief)
Main Brief – Summary of Brief Arguments
Watch Webinar – Main Brief Submission Webinar and Q&A
In the Media – Group Rips Rule Allowing Base Station Antennas On Homes
STAGE 3: Motion for an Emergency Injunction – March 18, 2021
Court Filing – Motion to Stay (Motion for an Emergency Injunction)
The Defender Article – CHD Files Emergency Injunction to Stop Rule Allowing 5G Antennas on Homes
Press Release – Motion to Stay Filed – Press Release
Watch Press Conference – Emergency Injunction Against the FCC Filed
Court Filing – FCC’s Brief – Response to CHD’s Motion To Stay
Court Filing – CHD’s Reply to FCC’s Brief
Court Filing – Court’s Decision on Motion to Stay
STAGE 2: CHD v. FCC (OTARD) Case Filed – February 26, 2021
Court Filing – Petition for Review
The Defender Article – CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’
Press Release – CHD V. FCC OTARD Filed
STAGE 1 – 15,090 People Joined CHD Submission to FCC’s Docket – May 19, 2020
Documents Filed with the Court
Petition for Review
Opening Brief (Petitioner’s Main Brief)
Main Brief Addendum Record Reference T1 – provides analysis of the issues raised by comments that were filed to the docket.
Main Brief Addendum Record Reference T2 – contains quotes of 246 people about their sickness and/or the sickness of their children or other family members from wireless exposure.
Main Brief Addendum Record Reference T3 – contains the references for the brief footnotes.
Motion to Stay (Motion for an Emergency Injunction)
Links to the 27 Joint Appendix binders (the Evidence)
The FCC’s Decisions Challenged by the Case
In the Media
Support Our Efforts to Protect Our Rights, Health, and Children
This new case against OTARD is the second case CHD has brought against the FCC. The first lawsuit was filed in February 2020 and challenges the FCC’s obsolete health and safety guidelines regarding 5G and wireless radiation. That case is now awaiting the decision of the US Court of Appeals of the DC Circuit.
The FCC’s disregard for the public interest and its health is notorious. The two cases CHD has filed are a testament to our commitment to demanding FCC accountability on behalf of the American public and our children. Nothing else except these lawsuits will stop the FCC.
However, these cases are awfully expensive, and we need your support. The first case cost us close to $500,000; this new case against OTARD is estimated at $300,000. We could not wait to raise the money before filing the case because of a strict timeline. We took a risk. Therefore, we are now asking for your support so we can do the best possible job on this crucial case and maximize our chances to succeed.