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CTIA-THE WIRELESS ASS'N v. CITY OF BERKELEY, CA

No. 16-15141.

928 F.3d 832 (2019)

CTIA-THE WIRELESS ASSOCIATION, Plaintiff-Appellant, v. CITY OF BERKELEY, CALIFORNIA; Christine Daniel, City Manager of Berkeley, California, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2019.

Attorney(s) appearing for the Case

Helgi C. Walker and Theodore B. Olson , Gibson Dunn & Crutcher LLP, Washington, D.C.; Alexander N. Harris , Joshua D. Dick , and Joshua S. Lipshutz , Gibson Dunn & Crutcher LLP, San Francisco, California; for Plaintiff-Appellant.

Lester Lawrence Lessig, III , Cambridge, Massachusetts; Amanda Shanor , New Haven, Connecticut; Jerome Mayer-Cantu , Deputy City Attorney; Farimah Brown , City Attorney; Berkeley City Attorney's Office, Berkeley, California; for Defendants-Appellees.

Before: William A. Fletcher, Morgan Christen, and Michelle T. Friedland, Circuit Judges.

OPINION

A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation. CTIA, a trade association formerly known...

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