Wolf v. City of Millbrae (21-16649):
This case raises the issue of whether there is a requirement under the Americans with Disabilities Act to accommodate requests to mitigate alleged impacts caused by radiofrequency (RF) emissions from cellular towers when the Telecommunications Act specifically and FCC regulations specifically forbid local agencies from regulating RF emissions. CSAC’s amicus brief, drafted by Jeffrey Melching at Rutan & Tucker, LLP in Irvine, argues that plaintiff’s requested accommodations are per se unreasonable when they are specifically precluded by another federal statute.