Judge tosses iPhone complaint
Electromagnetic opponent, neighbor to mediate other points of contention

Tom Sharpe | The New Mexican
Posted: Tuesday, March 16, 2010
- 3/17/10
     
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A Santa Fe judge has dismissed a request to stop a woman from using her iPhone, but left open her neighbor's bid to ban her from using other wireless devices in her home.

Arthur Firstenberg, who says electromagnetic signals make him ill, sought a temporary injunction against Raphaela Monribot, whose house is 25 feet from his.

His complaint filed Jan. 5 says Monribot's refusal to turn off her cell phone, Wi-Fi, dimmer switches, compact fluorescent lights and other electronic devices causes him "life-threatening reactions," including heart arrhythmia.

Firstenberg, who has lobbied against public Wi-Fi access, new cell-phone towers and a proposed city telecommunications ordinance, said he has been sleeping in his car to avoid the electromagnetic signals at the west-side house he purchased in September.

During a four-hour hearing Monday before state District Judge Sarah Singleton, Firstenberg and two expert witnesses — Grace Ziem of Maryland and Erica Elliot of Santa Fe — testified about his condition. Firstenberg's physician, Leah Morton of Santa Fe, also attended the hearing, but did not testify because of time constraints.

Afterward, Singleton dismissed Firstenberg's request to enjoin Monribot from using her iPhone, ruling that the Federal Communications Commission has authority over cell phones rather than state courts.

But Singleton left open Firstenberg's complaints about Monribot's use of other sources of electromagnetic radiation, according to Monribot's attorneys, Christopher Graeser and Joseph Romero, and Firstenberg.

The judge said she would give Firstenberg and Monribot seven days to mediate their dispute before ruling on the other sources of electromagnetic signals.

Singleton also told Firstenberg's attorney, Lindsay Lovejoy Jr., that he had 30 days to amend his initial complaint to add as a defendant the owner of the property where Monribot is living.

Firstenberg declined to comment on his reaction to Monday's ruling. But Graeser said he's "happy the judge agreed with us and got rid of the complaint on the iPhone."

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.






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