56. Together, the new City Ordinances (No. 2016-42 and No. 2017-18), the
new State Act (WCAIIA), and Section 704 remove all public protection from
injurious facilities in the public rights-of-way and deprive injured parties of any
remedy for their injuries. The new FCC regulations compound this denial of
constitutional rights, and the introduced Congressional bills would compound it
even more. Plaintiffs are such injured parties.
The causes of action begin on page 37.
FIRST CAUSE OF ACTION
(U.S. Constitution, Amendment Fourteen,
and New Mexico Constitution, Article II, Section 18)
CHAPTER 27 AS AMENDED, AND WCAIIA, VIOLATE
PROCEDURAL AND SUBSTANTIVE DUE PROCESS
59. All previous paragraphs are incorporated herein by reference.
60. Under Chapter 27 as amended by Ordinances 2016-42 and 2017-18,
and also under WCAIIA, the construction of wireless telecommunications facilities on private property in all zoning districts is subject to at least notice and comment prior to construction, and an appeals process afterwards, but the construction of most wireless telecommunications facilities in the public rights-of-way in the same districts are not subject to notice, comment, or an appeals process. Notice and an opportunity to be heard are the minimum requirements for Procedural Due Process.
61. Chapter 27 as amended, and WCAIIA, also violate Substantive Due
Process. The U.S. Constitution and the New Mexico Constitution guarantee the
fundamental right of citizens to be free from government actions that harm life, liberty, and property. These inherent and inalienable rights reflect a basic societal contract. The rights to life, liberty, and property have evolved and continue to evolve as technological advances pose new threats to these fundamental rights....
http://www.cellphonetaskforce.org/wp-con...plaint.pdf
I'll skip to two....
SECOND CAUSE OF ACTION
(U.S. Constitution, Amendment Fourteen,
and New Mexico Constitution, Article II, Section 18)
THE MAYOR’S PROCLAMATIONS OF EMERGENCY VIOLATED DUE PROCESS
67. All previous paragraphs are incorporated herein by reference.
68. Under the Mayor’s Proclamations of Emergency, the City suspended
all land use regulations for cell towers on City-owned land for six months,
regardless of height, aesthetics, zoning district, proximity to homes or businesses, or anything else, and regardless of whether they conformed to design standards or not.
Under the Proclamations of Emergency, the City not only suspended land use
regulations but signed a contract with Verizon Wireless for the erection of wireless telecommunications facilities on City-owned land without notice to anyone or an opportunity for anyone to be heard, as required by City zoning regulations and the U.S. and New Mexico Constitutions.....
(skipping to three)
THIRD CAUSE OF ACTION
(U.S. Constitution, Amendments Five and Fourteen)
CHAPTER 27 AS AMENDED AND WCAIIA
ARE AN UNCONSTITUTIONAL TAKING
72. All previous paragraphs are incorporated herein by reference.
73. In enacting Ordinances Nos. 2016-42 and 2017-18, and in enacting
WCAIIA, the City has determined to authorize, and the State has determined to require, the placement of wireless telecommunications facilities anywhere on the streets and sidewalks of Santa Fe without regard to their proximity to homes and businesses.
74. Plaintiffs and Plaintiff’s members are already refugees from cell towers
and antennas and have already lost previous homes and businesses due to their proximity. The award of franchises by the City, and their exemption from land use regulations by the State, for the placement of wireless telecommunications facilities on the sidewalk directly in front of Plaintiffs’ homes and businesses will render their present homes and businesses similarly uninhabitable and unusable and is an unlawful confiscation of property without compensation....
http://www.cellphonetaskforce.org/wp-con...plaint.pdf
I need a break from reformatting the pdf....