Federal Lawsuit Filed Against City of Naperville, Illinois

Citing violations of the federal Open Meetings Act, this anti-‘smart’-meter group has filed a lawsuit against the deployment of the meters. Just the sort of fresh air that this program–hatched in corporate backrooms with corrupt government collusion and no public input–needs!
Press Release: Smart Meter Awareness group files federal injunction to stop wireless smart meter deployment in Naperville, Illinois

Naperville, Illinois – The Naperville Smart Meter Awareness group (NSMA) filed a Complaint for Injunctive Relief in United States District Court for the Northern District of Illinois Eastern Division, (Case No 11-cv-9299) this morning. We are seeking a stay of the installation of smart meters in Naperville, Illinois, which is set to begin next week, until reasonable safeguards are in place and a common sense alternative option for customers is made available.

The Illinois Attorney General is currently investigating the City of Naperville for what appears to be clear violations of the Open Meetings Act. The Open Meetings Act is designed to prohibit secret deliberations and action on matters which, due to their potential impact on the public, should be discussed in public forum. Violations of this Act are a serious offense and calls into question all decisions made on the Naperville Smart Grid Initiative.

“An Open Meetings Act violation investigation associated with Naperville Smart Grid Initiative is a serious offense, and one that brings all decisions relating to this project into question. The city should not be allowed to move forward with this project,” states Tom Glass, NSMA Board Member.

NSMA, residents, and business owners have engaged the city council and public utility for over a year and a half in hopes of persuading the council to halt the meter deployment and allow residents to weigh in. The Naperville City Council has repeatedly reminded members of the community they made the decision long before residents opposed this project.

Over 35 volunteers collected 4,209 signatures for a referendum that would allow residents to vote on whether the city should continue the installation or dismantle the smart meter project and its wireless communications network.

“We were hopeful that the city and utility leaders would take the referenda seriously. They have repeatedly said that only a small number of residents are concerned with this project. We showed them that is not the case,” states Jen Stahl, a founding member of NSMA.

“It was a difficult decision to file in federal court. We have worked tirelessly for months advocating for caution and informed consent. The council continuously disregarded our concerns. We urged them to heed the warnings from across the country and shared real time examples of communities that are questioning the wisdom of mandated “smart” meters. When that did not happen, we obtained over 4200 signatures and filed a referendum that would allow residents to vote on this project. There have been attempts to block the referendum and council has stated they will not take it seriously anyway. It has become clear that our city officials are no longer acting in the public’s best interest. They have failed to stop the project in the face of public outcry. Without adequate choice, we feel the council left us no other option,” stated Kim Bendis, President of NSMA.

Councilman Bob Fieseler stated in response to the referendum filing that he was not in favor of halting the project until the residents voted in March and that if the majority of residents rejected the project, they’d have a tough decision whether to follow the will of the people or move forward anyway. (Naperville Patch, 11-16-2011, Swasko)

There is no federal mandate for smart meters. The Energy Act of 2005 states utilities should offer its customers the option of a smart meter. According to Bendis, this is an opt-in program that is being marketed as a mandated project.

“All residents should have the right to choose what technology is used in and on their home, especially when it is controversial and potentially harmful”, states Bendis.

The City of Naperville put out a media release at 1:45 pm, approximately 15 minutes prior to the press conference, stating “Recent Opposition Will Not Affect Scheduled Meter Deployment”. The Mayor and City Council were served the complaint at 2:00 pm today, Friday December 30, 2011.

Today’s filing in United States Federal Court represents one of the first federal filings regarding smart meters. Other advocacy groups have also sought legal action. Additionally, a long awaited decision by PG&E recently gave customers the ability to keep their analog meters in California, an option Naperville residents have been denied.

The Federal filing and video of the press conference will be posted on the Naperville Smart Meters Awareness groups website. www.NapervilleSmartMeterAwareness.org

Naperville Smart Meter Awareness is 501(c)6 non-profit group of concerned citizens educating the public about the risks of wireless smart meters. We are comprised of lawyers, technology professionals, health advocates, accountants, business owners and parents in our community.

Smart meters are to be installed in Naperville starting January 2012 and pose risks in the areas of privacy, costs, security, and health. Our mission is to educate the residents of Naperville by bringing all pertinent information to the public and in doing so, advocate for a smarter solution in Naperville.

In the news:
http://napervillesun.suntimes.com/9723766-417/lawsuit-filed-to-stop-installaton-of-smart-meters.html

This entry was posted in Citizen rebellion, Democracy, Federal Government, Illinois, neighborhood organizing. Bookmark the permalink.

10 Responses to Federal Lawsuit Filed Against City of Naperville, Illinois

  1. Redi Kilowatt says:

    What is also interesting is that the mayor of Chicago also rejected the SmartMeter program.
    He said that there was too much expense and no benefit at all to the consumer, too many sweetheart deals for the promoters, politicians and marketers of the meters. He also said that the marketing plan was a sham.
    Con-Ed paid for a very expensive study (I don’t remember exactly how much but it was in the millions, and was paid for by the ratepayers) done by the Black and Veatch Engineering consulting firm. I read some of that report in the industry watch section of Electrical Contractor magazine. The report was a fraud, and pretty much the same as the propaganda that PG&E ratepayers paid for.
    But the project was different from what PG&E did with the meter project, the project that Con-Ed wanted to do also was to include some actual upgrading of the power grid itself.
    In PG&E, they did not include upgrading the power grid, that is a separate project that has not yet begun, but is in the works and anticipated to start in a year or two.
    The PG&E power grid upgrade project was originally estimated to cost between $1.2 billion and $500 million, but in a recent press release from PG&E, the grid upgrade cost is only around $300 million. That is a separate project and the cost is separate from the $2.2 billion charge to the ratepayers for the radio meter project.
    Also, in another article in the industry watch section of Electrical Contractor magazine, they explained that the upgrading of all the power grids in the United States will cost $300 billion, and only about 2 % of the national power grid upgrades have been started.
    That is a huge chunk of change that not only are the ratepayers funding, but also all the taxpayers who pay federal income taxes. This is being accomplished by the creation of the America Recovery & Reinvestment Act (ARRA) stimulus package.
    Also, there are many scientists and engineers who say that there really is no national power grid in the United States, just a hodge podge of regional grids barely tacked together by aging transmission lines and antiquated controls that were never intended to be a national grid. But with the deregulation of the electrical power industry, now power is what they call “wheeled” all over the country.
    My question is, where is the $300 billion going to come from when there are so many other infrastructure projects that are needed due to differed maintenance ?
    I guess the prison and military industrial complexes will always come first for funding, while our bridges, highways, medical care delivery systems, power grids, education and gas pipelines will continue to deteriorate. The United States is falling apart while our priorities are fighting foreign wars, exporting jobs and money overseas, bailing out banksters, wall street, corporate welfare programs, private medical insurance corporations and looting (privatizing) the Social Security and Medicare programs.

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  3. RobertWilliams says:

    GET USED TO IT.

    PG&E has already killed people in Hinkley, California and San Bruno California and other places that are less well known.

    Why are these people complaining about smart meters? Do they think that they deserve better than those who have already been killed by PG&E?

    Do these people think that their children deserve to live when the lives of other children have already been destroyed by PG&E?

    I just don’t understand these people complaining about smart meters. PG&E has a record of killing and sickening people throughout the state and that’s not going to change. Why don’t these people just accept it, like the rest of us?

  4. Pingback: VOICE YOUR OPINIONS ABOUT SMART METERS TO CONSUMERS ENERGY ON 2/7/12 | Stop Smart Meters in Grand Rapids

  5. I want to thank all of the Naperville group that all the fine work they are doing. They are true Patriots! Keep up the great work!!!! Michigan is also fightind and winning and with allot of cities and more people are standing up ! Please visit http://www.w4ar.com for more info on Michigan. PAULINE HOLETONw4ar.com

  6. Joan Matthews says:

    Hi, has anyone tried painting the inside of their homes with radiation-blocking paint? Also, has any one used a radiation-blocking pendant or grounding plugs that neutralize the radiation in the home? I’ve heard that radiation exposure is the worst at night. What is we turn off all the breakers at night? With no power, will the smart meter cease to function? I live in the Chicago area, and I’ve read that Com Ed is not giving customers to choice to opt out. However, there are other power companies in the area, which I will contact asap. What if I get my power from one of them?

  7. I THINK ITS A SHAME THAT THE CITY GETS AWAY WITH STRIKING DOWN THE CONSTITUION ON A LLOT OF ISSUES. THE 1ST THE 4TH THE 5TH AND THE 10TH AMMENDMENTS . CITIES AND TWP ALL OVER THE CIUNRTY ARE DOING RESOLUTIONS MORATORIUMS AND LEGISLATURE TO PROTECT THEIR CITIZENS. WHAT HAPPENED TO NAPERVILLE? ITS ALL ABOUT THE MONEY AND NO LONGER ABOUT THE PEOPLE OF THIS COUNTRY. WAKE UP AMERICA THIS IS HAPPENING ALL OVER! PAULINE HOLETON SHELBY TWP MICH

    • Richard Leschen. says:

      D
      ear Pauline Holeton,
      My response is below. Here in Victoria Australia a huge number of people are still being bullied to accept these Type 2B Carcinogen Meters but now a huge number of us have securely padlocked our Electric Meter Boxes against this Evil Scourge of these far from Smart Meters, really Dumb and Deadly Meters that’s for sure. We also have errected on our front fences and our Electric Meter Box lids the Legal by our Commonwealth Govt and the Australian Constitutional Act (1900-1901 and still current ) Anti-Trespass Signs with the $167,000:00 fine for those people trespassing on our property.

      These C.E.O’s of the Electric Power Companies here in Victoria and the Minister for Power Here in Victoria Australia are acting as if they were Hitler’s S.S or Schutz Stafell. Seems a new breed of Nazi Power is sweeping the World. Australia is supposed to be a Free Country and also like you the Land of the Free, that’s not so, any more as Corporate Greed here in this land of Australia is now running rife and these greedy Bastards of Electric Power Companiese and an equally Greedy Victorian Liberal Party Government keep trying to rip more and more cash out of our already Cash Strapped Pockets. A Pox on the lot of these Robbers I say !

  8. Richard Leschen. says:

    Dear People of America,
    Many of us here in Victoria Australia have padlocked our Electricity Meters Boxes with Industrial Padlocks and put up our Legal Commonwealth Constitutional Act and the Privact Act for Trespassing (1900-1901 and still valid of Australia Anti-Trespass Signs on our Electric Meter Boxes and on our front gates and or fences and or front brick fence/s pillars. This sign states that anybody trespassing on our property will be liable for a fine of $167,000:00 Australian Dollars.

    Next we write to the Chief Executive Officers or C.E.O’s of the Electric Power Company for our area in Victoria, and state that we refuse to allow these deadly Type 2B Carciongen Causing Meter/s on our priavate property. At the bottom of the letter we type in these words. “If at any time I find that a Microwave Smart Meter has been installed on my property against My Will and Better Judgement I will join the Common Class Action to SUE.” We post this letter by Registered Post and write or type in the Registered Postal Slip number on the original letters we send and on the copy of the same letter we keep for Legal Purposes.
    For a while this kept these Smart Meter Installer Contractors off my property. But some time months ago I was bullied over the phone and by letter, then consulted my Lawyer. He and I got help from Canberra which is our seat of Federal Government where they gave us the following Notice to serve on these Evil and Bullying People…..

    “Notice of Prohibition Of Undue Harassment Or Coercion For Smart Meter Installation.”

    I will try to attach this in this CommentsSection. You would need your lawyers to read it and use it as a possible template to possibly help you too. Of course it would need to be in your Legal Wording and have to pass your Laws relavant to your Constitution. This $10,000,000:00 Notice is Our Notice in this case is from the Competition and Consumer Act 2010 (CTH) Vol. 3, ch 4,PT >4-1, Div. 5 Sec. 168 etc…..

    Here is the Notice of Prohibition……….

    Sorry it’s got a bit out of line but you can adjust it to suit you………………………..

    (DATE)

    (INSERT OWN NAME) ( Pull this to the right side of page)
    (ADDRESS)

    (Insert name and
    Address of Power Distributor)

    NOTICE OF PROHIBITION OF UNDUE HARASSMENT OR COERCION FOR SMART METER INSTALLATION
    This notice is provided to _______________________________________________ and any persons, entities,
    (Insert Power distributor name and ACN no off letter you received)
    Employees, associates, corporations, sub-contractors and agents of the fore mentioned (herein referred to as Your Company).
    Notice to agent is notice to principal.

    Note: This notice is provided in addition and following a NOTICE OF PROHIBITION FOR
    SMART METER INSTALLATION (date of your first letter) and NOTICE Your Company’s
    INTENTION TO DISHONOUR AND VIOLATE PROHIBITION FOR SMART METER
    INSTALLATION NOTICE (date of your letter received from Power Distributor after) served on Your Company.
    Your Company is prohibited and forbidden from communication in any manner, with the intent to solicit for the installation of a “smart meter” or meter containing wireless communication function(s) at the following (service) address: (Insert your address). Such an act is herein referred to as a PROHIBITED ACT.
    I have lawful and legal standing and claim of right to make such a demand.

    Any PROHIBITED ACT will be considered an act of undue harassment or coercion with the supply or possible supply of goods or services as defined by the Competition and Consumer Act 2010 (CTH) Vol. 3, Ch. 4, PT> 4-1, Div. 5 Sec. 168; such an offence carries a penalty of $10,000,000. If Your Company is in any way directed by the Government (State of Victoria) and State of Victoria Corporation to perform such an offence, the Government and individual members are liable under tort may in addition be held vicariously liable.
    Any PROHIBITED ACT remains prohibited unless I provide a NOTICE OF CESSATION OF PROHIBITION explicitly annulling this notice, or following a sale of property and change of property title holder for the property in question.
    A copy of this notice will also be provided for their records to (via regular mail):
    1. Customer Relations, DPI,
    2. Minister Michael O’Brien, Government in the State of Victoria.

    If a response to this notice containing any dispute of facts or CLAIM OF RIGHT based on lawful claim of right is not received within fourteen days from Your Company, it shall be fact that you accept as fact this notice and facts contained within, and will honour this notice; such requiring no further action on your behalf.

    Sincerely

    _______________ ____________________ _____________________
    (Your SIGNATURE) (Witness to your Signature) (Print Witnesses name)

    ………………………………………………………………………………………………………………
    Yours faithfully,

    Richard Leschen.

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