Naperville Group Appeals Smart Meter Ruling to Higher Court

by K.T. Weaver, SkyVision Solutions 

Court GavelIn the smart meter-related case of Naperville Smart Meter Awareness (NSMA) v. City of Naperville, a Federal district court entered a final judgment against NSMA and in favor of the City on September 26, 2016. (Case 1:11-cv-09299)

As outlined in a “docketing statement” filed with the U.S. Court of Appeals for the Seventh Circuit, the NSMA group has filed a notice of appeal as documented below:

“As set forth in its notice of appeal, NSMA seeks review of the district court’s order granting the City summary judgment, upon which the court entered final judgment in the City’s favor, as well as all opinions and orders antecedent and ancillary thereto.”

According to information located at the NSMA website:

“As of October 2016:   The lower federal court denied NSMA its day in court and ruled against our case without even allowing for normal discovery and depositions.  As a result, we have filed an appeal with the 7th Circuit Court.  More information about the case is coming …

  • NSMA’s lawsuit seeks only to force the Naperville City Council to implement INFORMED CONSENT regarding Smart Meter use within the city’s municipally-owned electric utility.
  • Informed Consent means customers must be given the opportunity to assess the costs and benefits for themselves and OPT IN to the use of this device on their home or business.
  • The lawsuit does NOT seek any financial reward for the plaintiffs.”

The NSMA group has retained new counsel to handle the appeal process.  Furthermore, it is the understanding of SkyVision Solutions that the appeal will deal primarily with privacy issues (i.e., “Fourth Amendment prohibition on unreasonable searches”) as documented in one of the court documents stipulating that the case on appeal involves “relatively complex technical issues and novel Fourth Amendment issues related to data collection through ‘smart meters’ employed by the City of Naperville to measure residential electric usage.”  And that:

“Specifically, NSMA seeks review of the trial court’s dismissal of its claim that the City of Naperville’s use of smart meters constitutes a violation of NSMA members’ Fourth Amendment rights because the City’s smart meters collect electrical usage data from members’ homes at intervals of every fifteen minutes, which data can then be de-aggregated to offer an invasive view into their personal lives and activities inside their homes.  The application of the Fourth Amendment to this emergent technology and the implications of this example of government-administered ‘big data’ raises relatively complex technical issues and novel legal issues.”

The Court of Appeals has ordered that the initial NSMA brief be filed by February 21, 2017.

At this website, I previously discussed that the Judge in the NSMA case had acknowledged that “smart meters are capable of capturing discrete details of behavior” but concluded that “NSMA members are deemed to have consented [to smart meter data collections] through their usage of electricity services knowingly supplied by the City.”

In the Naperville case, even though residents provided letters of protest and notices of “no consent” to the City of Naperville, and the NSMA group filed a Federal lawsuit over the issue of forced installation of smart meters, the Judge somehow presumed that “no” really meant “yes,” even though residents had no choice on an electricity supplier other than to go “off-grid.”

Let’s hope that the Court of Appeals will have greater respect for the constitutionally guaranteed right to privacy.  I will provide updates on this case as the appeal process progresses.

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About SkyVision Solutions

Raising public awareness and finding solutions for smart grid issues related to invasions of privacy, data security, cyber threats, health and societal impacts, as well as hazards related to radiofrequency (RF) radiation emissions from all wireless devices, including smart meters.
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3 Responses to Naperville Group Appeals Smart Meter Ruling to Higher Court

  1. CHRISTELLA Brown says:

    I never sign in on this smart meter and totally against forcing it on me

  2. bcfreedom says:

    Hi All,
    Here are the main reasons court cases on this matter lose. The court sees ‘you’ as your account, which they own. I have explained it all here. While the laws/acts/statutes vary from place to place it is the same rules and principles of law they are not telling people. Once they generate the fictional entity then they can break all rules, since you have ‘agreed’ to the terms and conditions of the account. That is why they can sell the data, because the data is from the account, which you signed the rights over to them, thus making it ‘their data’ (in their eyes and in the eyes of the law) Same as the RF/EMF damage… while in the real world this is damaging to health, but you have agreed (by having an account) to be a separate legal entity (the PERSON) and when this happens your forfeit all rights. How they do this is if you are Dave Johnson, they put on your account DAVE JOHNSON or JOHNSON, DAVE and that is how they generate the corporate entity (PERSONS are corporations in law) so, in effect, your ‘account’ (which is you) is a sub corporation of the utility. The utility owns the account AND the meter and therefor the data. Until people go at them for jurisdiction on this matter, none of these lawsuits will win. Trust me, I want them to, but they won’t. I go over the BC Class action in this post as well as the word trickery, citing the acts for BC and why the lawyers work for the Crown/Utility FIRST, because that is their oath.

    • thing is though ,here where i live ,you are forced to have such an account.within city limits you are required by law to be hooked up to all city utilities or they can condemn your house as “unsafe” .which is racketeering if you ask me .i exist in beaverton oregon .i dont say a “live” anywhere now ,because since smartmeters were fastened to the unit i exist in ,there has been no “life” .dont even know why i continue trying to exist other than what will become of my 9 year old cats if im gone .they not only assert these exposures are “safe” ,but “safe” in un;limited amounts.when i aquired EHS and MCS directly from these smartmeter exposures,they have since added much more to their “neighborhood networks” … this is the most criminal “program” ever funded by big gov . bats and frogs are extinct here because of it ,bees on endangered species list .but you know ,someone got paid and “job creation” took place ,and theres that endless supply of other peoples money to sustain those “really good jobs” from extorted taxes ,fees,fines,and forcing people to pay for things they never wanted …right? endless tax payer funded court battles while people and planet die ,everyones getting paid to be there but the victims trying to buy their human rights from the court

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