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CA Supreme Court Upholds Local Ordinance Regulating Aesthetics of Wireless Facilities

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On April 4, in T-Mobile West v. City and County of San Francisco, the California Supreme Court issued an opinion upholding a San Francisco ordinance imposing certain aesthetic standards on wireless facilities within the city.

Read the full article this Link: League of California Cities

T-Mobile West v. City and County of San Francisco

Key background points:  Plaintiffs install and operate wireless equipment throughout the City, including on utility poles located along public roads and highways. In January 2011, the City adopted an ordinance which requires “any Person seeking to construct, install, or maintain a Personal Wireless Service Facility in the Public Rights-of-Way to obtain” a permit. The  board of supervisors noted that the City is widely recognized to be one of the world’s most beautiful cities,” which is vital to its tourist industry and an important reason that residents and businesses locate there. County supervisors opined that the City needed to regulate the placement of this equipment to prevent installation in ways or locations “that will diminish the City’s beauty.” It asserted that local governments may “enact laws that limit the intrusive effect of these lines and facilities.”

The city ordinance established various standards of aesthetic
compatibility for wireless equipment. In historic districts, for
example, installation may only be approved if the City’s
planning department determines that it would not “significantly
degrade the aesthetic attributes that were the basis for the
special designation” of the building or district.

T-Mobile West filed suit against the city. They eventually lost in appellate court and, now, lost in the California Superior Court.

The California Supreme Court upheld the judgment of the Court of Appeal that the local ordinance was valid. The city  may initiate aesthetic codes that regulate Wireless Service Facility in the Public Rights-of-Way.

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One Response to CA Supreme Court Upholds Local Ordinance Regulating Aesthetics of Wireless Facilities

  1. Dan OBrien
    Dan OBrien April 20, 2019 at 10:48 am

    I think cleaning the human feces and the millions of used hypodermic needles off the streets is far more important than a 5g router stuck on a pole.

    How about doing something about the homeless and the illegal aliens that crowd the streets…..

    San Francisco by and large is the definition of Trumps “Shit Hole.”

    Reply

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