City of Simi Valley Sued to Stop 5G

By Judy Bruce

On November 7, 2019 four plaintiffs served the City of Simi Valley with a Writ of Mandamus by invoking Constitutional Law..  

They are exercising their First Amendment Rights by addressing grievances regarding the policies that expose the people  to Electromagnetic Microwave Radiation (RF-EMR).   They used a Writ of Mandamus which can be State or Federal.    It is a petition to demand the officials abide by their sworn oath and to determine “what law exist” to allow those ‘poison delivery systems’ on the populace”?    

The pleading legally claims that: (1) None of the 1996 Telecommunications Act (Title 47) has been published into positive law by the US Congress;  (2) Title 47 is not backed up by the Code of Federal Regulations giving it force and affect in law against the people or any City or County in America; and (3) The defendants are insubordinate to their sworn oath of office and have shown a willful, reckless and intentional disregard for the rule of law.

Another very important legal claim in their brief is that the defendants are in violation of the Anti-Commandeering Doctrine.   The pleading includes several US Supreme Court case precedents proving that Congress cannot directly compel states to an enact a “federal” regulation which violates states’ sovereignty and or exceeds Congress’s jurisdictional authority.   This prevents accumulation of unauthorized power by Congress.

The plaintiffs asked the court to declare the rights of parties (Declaratory Relief).    A Declaratory Relief declares what laws exists and if they apply in this situation.   They clearly point out with evidence that there is no law that mandates use of their product or service.  

Additionally, the Mandamus action requests the following judicial determinations: (1) That the FCC  Order 18-133 is void on its face; (2) That the defendants had a constitutional duty to abide by their oath of office and failed; (3) That with respect to the implementation and erection of 4G/5G small cells in Simi Valley to be null and void pursuant to the Anti-Commandeering Doctrine; (4) Terminate FCC Order 18-133; (5) Abolish its contractual obligation with respect to Jonathan Kramer for attorney misconduct (we believe he falsified the facts and the law for financial gain by manipulating the city Council stating that they must adhere to the FCC order or they would be sued by the FCC); (6) Order the immediate removal of all 4G/5G small cells already erected; (7) Vacate immediately any ordinances approving or adopting FCC order 18-133. 

In summary, the brief mandates with evidence that  the wireless ordinance has NO BASIS IN LAW  and must be abolished.   Also illegal is assaulting their city with these dangerous small cells; and therefore must be stopped, and existing small cells must be removed.  They are not asking for monetary damages.

 Judy Bruce is a Simi Valley Resident

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