The U.S. Supreme Court should deny Sprint’s appeal of a Ninth Circuit ruling allowing the County of San Diego to enforce its ordinance restricting cellular installations in residential neighborhoods, according to an amicus curiae delivered to the court this week by the U.S. Solicitor General.
Glendale Organized Against Cell Towers was pleased with the opinion. The community group and the city have been waiting to see if rights granted to municipalities to enforce restrictions on wireless installations might be threatened by a Supreme Court review.
The case has been litigated through the court system since 2003, with the Ninth Circuit Court reversing its previous decisions in this area and insisting that the cellular provider prove that denial of a permit would actually result in a prohibition of service. The previous standard allowed a company to claim that a denial “may” result in a prohibition of service.
The U.S. Solicitor General seemed to have the same problem with these claims, which were not backed by any specific proof.
Glendale Organized Against Cell Towers based its appeal for a strong wireless ordinance on the September 2008 Ninth Circuit Court of Appeals ruling in this case.
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