Facts

The City of San Francisco passed an ordinance requiring retailers to warn customers regarding radiation levels in cell phones. Cellular Telecommunications Industry Association filed suit against the City, alleging that the ordinance violated the First Amendment. The City claimed the ordinance's requirements served important public health interests.

The law required retailers to distribute "fact sheets," display posters and place stickers on display materials, warning consumers about alleged dangers from radio frequency energy emitted by the devices.

In 2011, a district judge ruled that the First Amendment precluded the City from forcing retailers to post and disseminate the City-drafted warnings. In September 2012, a Ninth Circuit panel agreed with CTIA that the original regime was unconstitutional and also rejected the district court's attempt to revise the City's fact sheet.

Result

The parties reached a settlement whereby the City agreed to revoke the ordinance. The settlement included the City's agreement to abandon any further attempts to enforce the ordinance in exchange for CTIA's waiver of attorney's fees.