BERKELEY, Calif. — Allegations have surfaced that a judge in the case against Berkeley's cell phone warning ordinance has ties to the wireless industry.

CTIA, the wireless industry trade group (formerly the Cellular Telecommunications Industry Association), is challenging a law that requires stores to post information on proper cell phone use so that radiation exposure doesn’t exceed federal guidelines.

The case was heard in the 9th Circuit Court of Appeals in San Francisco in mid-September by a three-member panel that included Judge Michelle Friedland, whose husband, Daniel Kelly, is allegedly an engineer with wireless company Tarana.

According to Ellen Marks, director of the California Brain Tumor Association, Friedland may have had a conflict of interest because Tarana's significant investor is AT&T - a CTIA member that could have a major stake in the outcome of the case.

"If Berkeley prevails, his job could be at risk,” Marks said. "They might have financial implications from this, and if the CTIA prevails, they have a lot to gain from this."

The CTIA has claimed that Berkeley's ordinance violates free speech. Berkeley has countered that the required postings were simply guidelines directly from the cell-phone manuals, warning that people who carry a cell phone close to the body may exceed federal guidelines on exposure to radio-frequency radiation.

A spokesman for the 9th Circuit confirmed that Kelly works in the telecom industry, but said Judge Friedland herself would not comment. Calls to Mr. Kelly and to Tarana were not returned.

Marks said the case is significant because many other cities have expressed an interest in similar ordinances, and some have received letters from the CTIA threatening litigation.

San Francisco has been working to pass a similar law, and City Supervisor John Avalos said that if the allegations are true, Friedland should have disclosed this possible link.

"If there's any hint of such a relationship between her partner and such work within a telecommunications company, she should disqualify herself,” Avalos said.

The court has the case under consideration but has not yet issued a ruling. Berkeley's legal team has the option to file a complaint alleging conflict of interest, but has not done so thus far.



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Pennsylvania residents who need assistance filing their income tax returns can use the free services of the AARP Foundation's Tax-Aide program.

You do not have to be an AARP member or a senior citizen to get help.

Kathleen Hoffer, program coordinator for AARP Pennsylvania, said the full-service tax program assists Pennsylvanians with federal, state and local returns. She added their main focus is to serve individuals with low to moderate incomes.

"We helped nearly 74,000 people in Pennsylvania last year and it resulted in $52 million in refunds for those folks," Hoffer reported. "We're doing as best we can, but we could do better especially if we had more volunteers."

Hoffer emphasized the volunteers are trained and IRS-certified to ensure they are up-to-date on the latest changes to the tax code. The nationwide program is available through mid-April. Volunteers have helped 1.7 million people secure nearly $1.3 billion in total refunds.

Hoffer noted individuals in rural, underserved areas may struggle with tax preparation access and adds they are working to assist them through virtual appointments. She explained the program offers several options such as in-person and drop-off services for taxpayers to get assistance.

"We also have assisted tax preparation," Hoffer pointed out. "We have where they can come in and bring their tax documents. They basically work on their tax return themselves. But then we have a counselor who can advise them or answer questions. As they are doing their own returns."

Hoffer emphasized their biggest challenge is recruiting more volunteers. With additional help, they can serve a greater number of people. She added volunteers are needed for administrative tasks, greeting clients, communications and technology support.

Activists who believe Tesla CEO Elon Musk is overstepping his role in the Trump administration will protest today at a Tesla dealership in New Mexico's Sandoval County. Similar protests have taken place in Albuquerque and at Tesla dealerships nationwide.

Musk, the world's richest person, leads the so-called Department of Government Efficiency, tasked with saving money by firing federal employees and dismantling agencies.

Terry Eisenbart with Sandoval County Indivisible said many who have lost their jobs live in New Mexico.

"It is time to stand up and fight back with whatever is at our disposal," Eisenbart contended. "Peaceful protests are a huge way to gain the traction of the people that want to express themselves but don't even know where to begin."

Despite his previous vilification of electric vehicles, President Donald Trump went to bat for Musk's beleaguered car company on Tuesday. He showcased five Tesla vehicles in front of the White House and announced he had purchased one for $80,000. Musk donated $270 million to Trump's 2024 election campaign.

Eisenbart is especially concerned federal services she believes Americans want and need are being eliminated. She cited the closure of the Consumer Federal Protection Bureau on Feb. 8, which, Russell Vought, director of the Office of Management and Budget, called a "woke" and "weaponized" agency. Eisenbart stressed the closure hits close to home.

"The Consumer Financial Protection Bureau, when they shut it down the other day -- my sister has personally benefited by that -- and it made the whole difference in her life, by the actions that organization took on her behalf," Eisenbart explained.

Sen. Elizabeth Warren, D-Mass., was instrumental in establishing the independent agency after the financial crisis of 2007 and 2008. DOGE claims total government savings of at least $105 billion so far but news agencies have not been able to verify the savings.


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To cast a primary election ballot in New Mexico, voters must declare a political party. But that could change if lawmakers pass Senate Bill 16 this month to adopt open primaries.

Supporters say New Mexico's electorate has changed, with 40% of those between the ages of 18 and 24 choosing not to affiliate with a party.

The state does allow same-day registration, but Sila Avcil - the executive director of the group New Mexico Open Elections - said that still means more paperwork and time is needed to vote in a primary for those who choose not to register with a political party.

"Under this bill," said Avcil, "what would happen is - if I'm a registered independent - I would just show up and say, 'I'm an Independent, here's verifying my registration, and today I would like to vote as a Democrat or a Republican or a Libertarian.'"

She said the bill would prohibit voters from participating in more than one party primary.

Critics of open primaries worry voters could affiliate with one party over another to influence that party's nomination, by choosing a candidate they feel would be easier to defeat in a general election.

Research shows the percentage of independent voters in New Mexico is growing.

From 2000 to 2022, Democratic registration declined from 52% of the electorate to 44%. At the same time, the state's Republican registration declined from 33-percent to 31-percent.

Avcil said the trend suggests a change would be helpful.

"I think this is the right time,," said Avcil, "because we constantly are seeing every year an increase in independent registration - particularly by young people. They're registering more and more as independent."

New Mexico is one of just 10 states with closed primaries. Avcil noted that this is the 10th year the bill has been introduced in the Legislature, but she said she believes there is more support this time around.