Monday, June 9, 2014

: The Amicus Brief I submitted on EHS in Firstenberg v. Monribot


W.E.E.P. News

The Canadian initiative to stop Wireless Electrical and Electromagnetic Pollution

7 June 2014

This is a Special Edition of WEEP News.  It contains very important legal information that may eventually help many people who suffer EHS. 
WEEP thanks Dafna Tachover for making such strong and important legal arguments and we wish her and Arthur Firstenberg, complete success!
----- Original Message -----
Subject: The Amicus Brief I submitted on EHS in Firstenberg v. Monribot

Hi All,

On Monday, June 2nd, 2014, we submitted the Amicus Brief to the Appellate Court of the State of New Mexico in the case of Firstenberg v. Monribot. Usually an Amicus Brief is submitted in support of one of the parties. In our case, the brief intends to support Arthur Firstenberg's position.

In this case, Arthur Firstenberg, submitted an action against his neighbor for nuisance, claiming that her use of wireless gadgets was harming his health and forced him to leave his house. The first instance ruled that EHS is not a real condition but a psychological problem and the brief was submitted as part of the appeal of the decision.

The brief was submitted on behalf of 94 (!) organizations from 22 countries (!) which have decided to join the brief. We did not expect such overwhelming support! I want to thank all of you – the organizations that joined and everyone who helped us get organizations to join and there were many!

Please find attached:

  1. The Amicus Brief we submitted on behalf of the 94 organizations.


  2. The list of the 94 organizations and a short description of their activity as submitted to the Court.


  3. Arthur Firsteneberg's appellant's brief.



You may publish the briefs.

I also wrote a post in my blog:


Explanation of the Amicus Brief

As many of the organizations are neither from the US, nor from English speaking countries, I'll use simple language and as little legal jargon as possible to enable everyone to understand our action.

I'll start with the technicalities - in the US, an attorney can practice law only in the state where she took the bar exam and was subsequently admitted to practice law. She cannot practice automatically in other states within the US. I am licensed to practice law in the State of NY (and in Israel). Since Arthur's case is in the state of New Mexico, I had to use something called "Pro Hoc Vice"- I submitted an application to the New Mexico Bar Association to be allowed to practice law in New Mexico only for this one case. In order to be able to do that, a New Mexico Attorney had to 'sponsor' me. Ms. Stefanie Beninato, a New Mexico attorney agreed to sponsor me. Therefore under my signature, she is signed on the brief as well.  

Consent of the parties and the court to accept the Amicus Brief

Since the 94 organizations, who are called the 'Amici', and I, Dafna, as their attorney, are not party to the lawsuit - we are not the Plaintiff and not the Defendant, but we are merely asking the Court to be

allowed to join the case in a status known as "Friend of the Court" - we had to ask for the consent of the Plaintiff and the Defendant and for the consent of the Court to submit the amicus brief. I sent the request to the parties and both parties, the Plaintiff and the Defendant, agreed, and the brief was submitted to the Court with the parties' consent. Now we have to wait to learn whether the Court agrees to accept the brief. The fact that both parties consented increases the chances that the Court will agree to accept the amicus brief. 

The content of the brief that was submitted

When you read the brief that I submitted, you may think that many other points could have been raised, that more studies exist to indicate the existence of EHS etc. and you are right. But we could not write it all as we were limited by legal restrictions, and we did our best within the limitations.

The limitations as to what we could argue

Arthur's case was not heard in the district court. It was 'dismissed' without the Court hearing Arthur's evidence and experts as to EHS. Therefore, the appeal is not asking the Appellate Court to judge the science on EHS, but instead, focus on the law, on the legal arguments asking the Court to order the district court, which ruled that EHS is not an acknowledged condition without properly examining the evidence and dismissed the case, to hear the evidence on EHS before dismissing the case.

For this reason, Arthur's appeal brief is focusing on technical legalities, on why the decision of the trial judge to dismiss the case without hearing the evidence is legally wrong. Therefore, his appeal brief is not dealing with the evidence regarding the existence of EHS but rather, it is focusing on legal arguments.

As a result, we could not discuss the evidence as to the existence of EHS. We could not bring new evidence (with some exceptions), we were only allowed to use the evidence which was already submitted, and we could not argue as to the existence of EHS, the false WHO decision, the flawed Rubin papers etc.

The Content of the Brief

What we could do, and should have done as the Amici, and as we did, was to focus on two things:

(1) Show that EHS is not only Arthur's problem but a widespread problem in the US and worldwide - We did it in two ways - the first, the fact that 94 organizations from around the world, all organizations which deal directly and/or indirectly with EHS, joined the brief, by itself indicates the extent of the problem; the second, by using studies as to the extent of EHS and which were already submitted into Evidence by Arthur.

(2) Show that EHS is a recognized medical problem - As the trial Judge dismissed the case and said that EHS is not recognized, we showed the Court that the trial judge was wrong, as EHS is recognized.

We also could have contested the legality of the trial judge's decision but since Arthur did it so thoroughly in his brief, I did not see any point in repeating his arguments.

What Next

We have to wait and see if the Court decides to accept the brief. I'll let you all know once I get the Court's decision.

Once again, thank you all for joining this action and thank you everyone who helped! I'm glad we all joined together in this action and I hope we continue to support each other in this important and urgent work.

I will not submit an Amicus Brief in Arthur's second case

When I was looking for organizations to join the Amicus Brief in support of Arthur's cases, I was considering trying to submit an Amicus Brief in both cases. Unfortunately, I will not be able to submit the brief in the second case. About a week ago, Arthur was informed that the brief in his second case will be due this month. This does not allow me enough time to work on the second brief, especially as I have to continue work on the case in Israel. If another attorney is willing to volunteer to write the brief that would be great.

I hope New Mexico's Appellate Court accepts Arthur's claims and orders that an examination of the evidence as to EHS be conducted.

On a personal note – in order to submit the brief, we paid about $2,000 for various expenses, not including the time for my work. Any donation would be appreciated. You can donate in my blog:

I will keep you posted with any development.

Thank you,


Dafna Tachover Esq. (NY, Israel), MBA

EHS Fight Back


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W.E.E.P. – The Canadian initiative to stop: Wireless Electrical and Electromagnetic Pollution

Thursday, June 5, 2014

WEEP News / The Baby Safe Project / MW Radiation Provokes Cancer Growth / Chernobyl lies from WHO / MW Radiation Causing Allergy Symptoms / Dangers of wireless / Negligence at Peel etc.

W.E.E.P. News

The Canadian initiative to stop Wireless Electrical and Electromagnetic Pollution

5 June 2014



The greatest rise of cancer cases was detected in blood-forming organs and lymphatic tissues: by 13.9 folds for chronic myelocytic leukemia and 8.6 folds for myeloblastic leukemia.

Number of ill children from Chernobyl treated in UK halved

The people of Ukraine (Kiev pictured) and Belarus are still mourning the victims of the world's worst nuclear disaster which left thousands of children disabled or ill for life
Cherobyl according to WHO and Repacholi

" But, says Dr Michael Repacholi, Manager of WHO's Radiation Program, "the sum total of the Chernobyl Forum is a reassuring message."

He explains that there have been 4,000 cases of thyroid cancer, mainly in children, but that except for nine deaths, all of them have recovered. "Otherwise, the team of international experts found no evidence for any increases in the incidence of leukemia and cancer among affected residents."


Microwave Radiation Causing Allergy Symptoms
In 2006, in my paper "Do You Have Microwave/EMR Sickness?" I wrote the following:

III. Microwaves, depending on their frequencies, have been known to effect an abnormal flux of calcium into or out of cells[1] (Nair, 1989; Cleary, 1999; Dorothy, 1999[2]; Amara, 2004). When there is an abnormal influx of calcium into mast cells, for example, they release histamine (Chakravarty, 1986, 1987). This is just one of the ways in which microwave exposure has been known to trigger or aggravate allergic reactions.[3]          

[1] "Moreover, Nair and Cleary have reported, that the flux of positively charged sodium, calcium and potassium ions across cell membrane can also be affected by radio-frequency exposure, over a wide range of frequencies (27 MHz to 10 GHz)" (Amara, et al, 2004)

[2] "Dr. Blackman has conducted far more experiments in his laboratory on this influx/efflux than anyone else. They have shown that calcium ion alteration occurs at particular carrier frequencies, particular signal strengths, particular modulation frequencies and in particular temperature ranges, but not in others which lie between them. After summarising these hundreds of experiments Carl Blackman stated that EMR must be treated as chemicals (plural) because we have made the mistake of treating it as a single chemical looking for single effects across the whole spectrum, when it is clear that the effects are very significant and occur at particular combinations of variables, but do not occur at a nearby different combination" (Dorothy 1999). 

[3] "Attempting to explain a 25% increase in asthma and a 5% increase in asthma-related death rates throughout rapidly mobilizing metropolitan Sydney, Franch found that the production of histamine, which triggers bronchial spasms, is nearly doubled after exposure to mobile phone transmissions. Cell phones also reduce the effectiveness of anti-asthmatic drugs, and retard recovery from illness" (Thomas 2005).

In fact, the fact that EMFs can indeed cause an influx of calcium into the cell has become the cornerstone of Dr. Martin Pall's revised theory entailing nitric oxide, superoxide, peroxynitrite, and oxidative stress :

Due to numerous anecdotal accounts of people with both CFS (Chronic Fatigue Syndrome) and ES (Electro-sensitivity) improving with magnesium supplements

I started "wondering" where magnesium fit into this equation and I started wondering further if magnesium might in fact be acting as a VGCC blocker. A quick google search confirmed this supposition:

Magnesium ions (Mg2+) bind to the C-terminal EF-hand to inhibit CaV1.2 channels, thereby reducing Ca2+ influx to maintain the intracellular Ca2+ at low levels77. Supplement of Mg2+ during global ischemia resulted in myocardial protection and improved functional recovery78

. . . Intracellular free magnesium (Mg(i)) inhibits L-type Ca(2+) currents through Ca(V)1.2 channels in cardiac myocytes, but the mechanism of this effect is unknown. . . . These results support a novel mechanism linking the COOH-terminal EF-hand with modulation of Ca(V)1.2 channels by Mg(i). Our findings expand the repertoire of modulatory interactions taking place at the COOH terminus of Ca(V)1.2 channels, and reveal a potentially important role of Mg(i) binding to the COOH-terminal EF-hand in regulating Ca(2+) influx in physiological and pathophysiological states.

. . . the use of magnesium (magnesium supplemented potassium icardioplegia) has been shown to provide superior myocardial protection during global ischemia and to allow for enhanced post-ischemic functional recovery. The cardioprotective mechanisms of magnesium supplemented potassium cardioplegia which allow for decreased morbidity and mortality in the cardiac surgical patient has been shown to act at the level of the sarcolemma, mitochondria and the nucleus. and may be associated with myocardial gene expression in the aged heart. In this report these mechanisms are reviewed.

Since EMFs can -- via the opening of VGCC -- cause a calcium influx into cells stimulating the release of histamine from Mast Cells, and magnesium has a blocking effect on this, it might also be postulated that magnesium might also have the potential to act as a natural antihistamine in down-regulating calcium influx and also histamine release. And there is apparently evidence supporting this "speculation":

There is also anecdotal evidence suggesting that antihistamines do help with CFS:

Dangers of wireless radiation still focus for mayoral candidate

Environmental activist Martin Weatherall is making another run for mayor so he can begin to tackle what he considers the greatest danger facing residents in the City of Stratford: wireless microwave radiation.

Jeff Heuchert

Negligence at Peel Region School Board
Here is the link the the 2 minute video on Wi-Fi in schools.
Very poor reporting by CTV News, a TV station owned by a cell phone company - Bell
Safari on the iPhone and iPad is used more than any other mobile browser, according to new data from Pornhub, one of the biggest free pornography sites, with 38 million users a day.
MOBILIZE Now Available for Pre-Order

MOBILIZE, a feature-length documentary about cell phone radiation, can now be pre-ordered for $15.98 (DVD). The film is to be released on September 9, 2014.

MOBILIZE is an explosive investigative documentary that explores the potential long-term health effects from cell phone radiation, including brain cancer and infertility. This thought-provoking film examines the most recent scientific research and the harsh challenges politicians face trying to pass precautionary legislation. Featuring interviews with expert researchers, mobile phone industry representatives, and prominent politicians, MOBILIZE illuminates how industry's economic and political influence can corrupt public health.

The film was directed by Kevin Kunze and co-produced by Devra Davis, Ellie Marks and myself.

The film features the following individuals:

Max Anderson, Berkeley (CA) City Council
Mitchel Berger, MD, Neurosurgeon, School of Medicine, University of California at San Francisco
Sir Richard Branson, Business magnate and founder of the Virgin Group
Michael Brownrigg, Burlingame (CA) City Council
David Carpenter, MD, School of Public Health, University at Albany
Raffi (Cavoukian), singer-songwriter and author
Vince Chhabria, Esq., Federal District Court Judge and former San Francisco Deputy City Attorney
Devra Davis, PhD, MPH, Environmental Health Trust
Stan Glantz, PhD, School of Medicine, University of California at San Francisco
David Katz, MD, MPH, School of Medicine, Yale University
Dennis Kucinich, former member of Congress
Mark Leno, California State Senate
Lawrence Lessig, Esq., School of Law, Harvard University
Eric Mar, San Francisco Board of Supervisors
Joel Moskowitz, PhD, School of Public Health, University of California at Berkeley
Robert Nagourney, MD, Oncologist
Gavin Newsom, Lt. Governor of California and former Mayor of San Francisco
Debbie Raphael, California Department of Toxic Substances
Jonathan Samet, MD, PhD, School of Medicine, University of Southern California
David Servan-Schreiber, MD, PhD, Physician, neuroscientist and author (deceased)
Renee Sharp, MS, Environmental Working Group
Heiko Strehlow, Cetecom, Inc.(a cell phone testing facility)
Hugh Taylor, MD, School of Medicine, Yale University
John West, MD, Surgeon
Josh Wolf, Comedian, actor, and writer
Steve Wozniak, Co-founder of Apple

The trailer for the film and information on how to order it are available at:

Note: I do not receive any financial benefits from sales of this film.

Joel M. Moskowitz, Ph.D.
Director, Center for Family and Community Health
School of Public Health, University of California, Berkeley
Port Angeles City Council action could lead to end of 'smart' meters'
PORT ANGELES — City Council members may take acton tonight that could lead to the end of the beleaguered and controversial "smart" meter ...
Joburg's not-so-smart meters
Johannesburg - The City of Joburg has installed 34 000 smart meters, but it seems in many areas they are not quite a smart as they were intended
Most Lethal Microwave Frequencies
Neighborhood Cell Towers & Atnennas – Do They Impact a Property's Desirability?
The National Institute for Science, Law & Public Policy is conducting a brief 10-question survey exploring the potential impact of neighborhood cell towers and antennas on real estate decisions of both buyers and renters.
I am writing to ask if you would kindly share this brief survey with your lists so that we can obtain a good sample size. 
The results of the survey will be made available to all and will be of great interest as well to the real estate profession.
Many thanks for completing the survey yourself, at a minimum, and sharing this widely if possible. Your help is much appreciated.
Very truly yours,
Camilla Rees, MBA

Obama seeks legacy of Internet in every school

"In a country where we expect free Wi-Fi with our coffee, why wouldn't we have it in our schools?" Obama said.
It appears that President Obama needs to go back to school, study the many adverse health effects of Wi Fi radiation and understand that Wi Fi is likely to cause his legacy, to be one of illness and serious long term harm to his country.
Saying Good-Bye to WiFi

Ronald E. Koetzsch, PhD

Concern about the health effects of exposure to radio frequency radiation (RFR) prompts the City of Lakes Waldorf School to return to hardwired Internet access.

Dealing with WiFi and Cell Phone Radiation
Michael D'Aleo, MA

A scientist offers advice on minimizing the possible ill effects of the electronic devices in our lives.

Pardon Me for Being an Alarmist, But…
Ronald E. Koetzsch, PhD

Health concerns about WiFi, cell phones, and electrosmog may be yet another "inconvenient truth."

Note: Mr. D'Aleo is also electrosensitive and briefly discusses the history of wireless technologies, its health effects, and how to protect yourself against them.

The first two articles are included here and can also be found at Parents for Safe Schools.
The Moon gets Wi Fi
Ontario Election - Wi Fi Dangers when voting
I have received my notice of advance polling places and my designated polling place for Election Day in Ontario.  After reviewing all of the advance polling stations in my area, I realized that none of places listed was without wi-fi.  

I called the toll free number on the card and spoke with a young lady who had to go to a manager to ask what options were available for persons with Electrosensitivity. Apparently, all polling places are posted as "No Cell Phone" areas, however, there is no guarantee that this is being enforced by anyone in particular at any location. After explaining my own situation, I was referred to another office to book a "Home Polling Visit".  Unfortunately, I had to leave a voice message and should receive a return call tomorrow. 

I would like to suggest that any and all of you who are experiencing any of the symptoms of Electrosensitivity (see list below) should call to request a Wi-fi free polling place or a Home Polling Visit.  When the Ontario Government realizes how many people are being effected by radio-frequency electromagnetic radiation and therefore, unable to exercise their right to vote, perhaps we may elicit some concrete changes to the proliferation of "smart" meter grids, cell phone towers and antenna, wind turbine remote controls, Wi-fi and all wireless devices.

The phone number for Elections Ontario inquiries is 1-866-291-7967. Please call if only to raise awareness for the sake of others. 

Lakeshore Coalition
Wi-Fi Has Detrimental Health Effects
Wi-fi is another name for two-way, pulsed microwave data communication. These signals are biologically disruptive to our bodies and also have an impact on plants and wildlife.
"We have uncovered documents that prove Health Canada is controlling the so-called 'independent' safety review by the Royal Society of Canada," Clegg stated. "Health Canada is ignoring the science that explains why some Canadians are getting sick from microwave radiation."

EMR and Healthis now available free online:

The June issue contains the important news and science about electromagnetic radiation, including:
•   updates on three Australian standards
•   evidence linking mobile phones with brain tumours and fertility problems
•   precautions being applied in Europe and Israel
•   stories, news and studies about electromagnetic hypersensitivity
•   and much more.


10 Reasons Why Handheld Devices Should Be Banned for Children Under 12

Most people have no idea how dangerous wireless is for children (and others).

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W.E.E.P. – The Canadian initiative to stop: Wireless Electrical and Electromagnetic Pollution