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14 August 2017

State Of California Legislature Grants ADA Accommodations For People Disabled With EHS

State Of California Legislature Grants ADA Accommodations For People Disabled With EHS
by Catherine J. Frompovichactivistpost.com,
11 August 2017

Well, lookie here!

Reports I receive from California and other EMF/RF electromagnetic hypersensitivity researchers, state:

Something new is happening in California. In the midst of the contentious Senate Bill 649 fight, the California legislature has been arranging ADA accommodation for people disabled by electromagnetic sensitivities (EMS), also known as electrohypersensitivity or EHS. This sea change was due to public pressure, and with each hearing, the ADA accommodation has increased in scope and breadth. [CJF emphasis]

How very interesting, especially since the Amendments Act of 2008 (Public Law 110-325: 42 U.S.C. 12102(2); 42 U.S.C. 12102(4)(A); 42 U.S.C. 12102(3); 42 U.S.C. 12205a..) that was added to the original Americans with Disabilities Act passed in 1990, and which utility company lawyers keep citing as not providing benefits for certain illnesses and disabled persons like those with EHS, cancer, etc. That’s a lawyer’s fairytale, in my opinion, since this is what I personally testified in my pro se case before the Pennsylvania Public Utility Commission Administrative Law court for having refused a smart meter:

In my expert opinion, I do not want to be subjected to the dirty electricity, to the EMFs, to all the radiation or nonthermal possibilities that can affect my body especially since the Americans with Disabilities Act has said that anyone who has had cancer should now be considered as a person who is covered by that, the ADAAA. And any agency or company that deals with and receives federal funding has to abide by that, and I believe PECO [my utility company] has received a fair amount of funds to implement the Smart Meters.

Court Transcript: Pg. 37, lines 7-17

[PECO received $200 million in U.S. DEO federal grant money!]

In my Respondent’s Brief, I filed the following applicable and defining information about the ADAAA:

Furthermore, PECO and the PA PUC are violating Frompovich’s rights under several federal laws: the American with Disabilities Act Amendments Act (Pub. L. 110-325 ADAAA) Section 1630.2 (G) Disability; Section 1630.2 (J) Substantially Limits; Section 1630.2 (I) Major Life Activities; Section 1630.2(j)(1)(ii) Significant or Severe Restriction Not Required Nonetheless, Not Every Impairment Is Substantially Limiting; Section 1630.2(j)(1)(iii) Substantial Limitation Should Not Be Primary Object of Attention; Extensive Analysis Not Needed. (cf. Brief pp. 14-16) as her health condition of having had breast cancer is covered under prong three of that act; …

Getting back to California, during several hearings on Senate Bill 649, several EHS suffers were granted permission to testify remotely by phone AND instructions were given by the chairman, “Additionally, as a courtesy to the individuals who are electromagnetically sensitive, we ask that everyone please consider turning off their cell phones or putting them in the airplane mode during the duration of the testimony of this bill.” Most impressive and courteous! Progress is being made on some levels.

Chairman Miguel Santiago said, “The Assembly’s Americans with Disabilities Act coordinator has received multiple requests for accommodation from individuals wishing to participate in this hearing.” and then explained what the committee would do “[i]n an attempt to accommodate as many individuals as possible”.

The legislators went to much visible effort to assist and accommodate people who were EMS-disabled particularly at this third hearing. This accommodation happened due to the insistence and hard work of members of the public.

The wall of denial on EMS has been broken down, and a very public acknowledgement made by the California legislature that electromagnetic sensitivities exist and that EMS can be considered disabling. That acknowledgment cannot be taken back.

Source: Personal email to CJF

Apparently, the California legislature is providing ADA accommodations for people with disabling electromagnetic hypersensitivities; the California legislature’s next step should be to recognize that EMFs/RFs emitted by microwave technology, e.g., cell towers, AMI Smart Meters, Wi-Fi and proposed 5G and other not-carefully-vetted-high-tech-devices affecting human health, must be declared unsafe and also not mandated as part of local and state ordinances or laws for those who contract EHS or are covered under the Americans with Disabilities Amendments Act.

Everyone who suffers with EHS or another health problem covered by the ADAAA should be connecting with their respective state’s public utility commissions apprising that agency of your legal rights under federal law, which must be respected, abided by and granted. That includes the” sacred cow issue” of the Internet of Things, AMI Smart Meters, which really are surveillance computers that will last no longer than five to six years and then you will be forced to get an upgraded computer meter and pay for it, like you are paying for the current retrofit.

Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting...


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