A federal judge denied attorney fees on Wednesday to a wireless industry group that won a partial injunction against a San Francisco ordinance requiring cell phone retailers to disseminate information about potential health risks.
In denying the fee award, Judge William Alsup of the Northern District of California ruled that CTIA-The Wireless Association won neither a complete nor permanent victory. Instead, Alsup wrote in his order, “the victory here may be ‘transient’ and the success ‘fleeting,’” because he ruled that the city can continue requiring merchants to hand out a fact sheet about potential dangers posed by cell phone radiation, and a final judgment has yet to be reached. Both parties have appealed Alsup’s rulings on the ordinance to the 9th U.S. Circuit Court of Appeals, which granted an emergency injunction to CTIA enjoining the fact sheets pending appeal. Alsup killed a requirement that retailers post stickers and posters about radiation in stores.
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