California Supreme Court Declines to Hear Antenna Zoning Case

[ARRL]

The California Supreme Court refused to hear the antenna zoning case brought forth by Alex Zubarau, WB6X, of Palmdale, California -- with the assistance of his ARRL Volunteer Counsel Len Shaffer, WA6QHD -- after receiving a mixed decision by the California Court of Appeals earlier this year. The Supreme Court -- California’s highest court -- handed down their decision on April 20.

In 2005, Zubar...





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[C2]

Sounds like precedence has been set.

It won't be long now that reasonable accomodation to engage in Amateur radio will be satisfied by a self contained HT. The residence of Palmdale should consider this and take Zubars wee little, roof mounted VHF/UHF antenna to court as well.

Soon the highway patrol will be limiting antennas on vehiculars too...nah, the hands-free law will be enhanced...

 

[Moleculo]

IANAL but,

I don't understand why they didn't file this case in Federal Court, thus avoiding an opinion from a CA court. To me, the FCC preemption issue makes it a Federal issue. Maybe I'm wrong.

 

[SmackDown]

IANAL but,

I don't understand why they didn't file this case in Federal Court, thus avoiding an opinion from a CA court. To me, the FCC preemption issue makes it a Federal issue. Maybe I'm wrong.

maybe you're RIGHT Mole...maybe they need to think outside the box because it's FCC regs and approvals they're messing with.

 

[C2]

Maybe that is why the state supreme court denied even hearing the case, it is none of their business!