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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BOSTON -- This holiday season, consumer advocates are urging Commonwealth residents to consider giving gifts that don't require purchasing anything. Or, if you have to purchase something, shop for refurbished items.

Janet Domenitz, executive director of the Massachusetts Public Interest Research Group (MASSPIRG), said while Black Friday and Cyber Monday deals on electronics and other items may look appealing, there are great deals on refurbished items year-round.

"There's a shortage of goods and supply-chain problems, so you may well find yourself having more options for purchasing gifts by considering refurbished items," Domenitz explained. "Good for the environment, good for your pocketbook, good for options."

She noted MASSPIRG has two guides, one called "Buy Less Give More," which ideas for experiences, pre-loved gifts, classes, chores and tasks and baked goods, among other things. The other is called "Fixed for the Holidays," which gives recommendations on where to shop for refurbished items.

Domenitz noted many people do not realize the impact throwing out electronics and other items after just a few years can have on the environment and the nation's waste.

"If we could all keep our smartphones for one year more than we do, we would reduce the demand for manufacturing materials by 42 million pounds a day," Domenitz asserted.

Domenitz added when you buy refurbished items, there are some things to remember. She said it's important to make sure the manufacturer has a track record of durability and repairability, and to know what you want when you shop.

AUSTIN, Texas -- Supply chain delays have some holiday shoppers stressed that gifts won't be on store shelves on this "Black Friday," or won't arrive in time, but for members of the "Buy Nothing Project," that kind of stress is a thing of the past.

Liesl Clark, co-founder of the Project, said the rules are simple: no buying, selling, trading, bartering or dumping of things someone wants to get rid of.

"You can offer up, with an image and a little description, anything that you're getting rid of that you'd like to give away," Clark explained. "And you can also ask for anything that you want, or need. You just sort-of augment your lifestyle by buying nothing whenever you can."

Clark pointed out the project started in 2013 after her eye-opening trip to remote villages near the Nepal-Tibet border, where people shared very limited resources delivered sporadically by truck over dangerous mountain roads. The Buy Nothing Project recently launched an app to augment its Facebook presence.

Clark noted participation is broad, from students going off to college who need items to outfit their dorms, to retirees who are downsizing. She said baby items are always popular because they are often gently used.

"Let's face it, baby stuff is only used for so long," Clark remarked. "But we also have refugees -- families from all over the world that are coming to the United States, to Canada -- and those are families that are being set up with anything they might need."

Clark thinks the pandemic has grown the Buy Nothing Project's participation because isolation made some people seek connection by being helpful to neighbors. Others, trapped at home, decided it was time to declutter.

"So, this is a surefire way of enabling people to actually realize, 'I don't have to fill my house with all the same stuff that everybody else has.' Like, we don't all have to have lawnmowers," Clark observed.

According to the app's latest tally, the Buy Nothing Project has more than four million people regularly engaged in 6,800 groups in 44 countries.

HARRISBURG, Pa. -- Choosing the right Medicare plan can be confusing, and during the open-enrollment period, it is recommended Pennsylvanians take the time they need to find the plan best for them.

Now through Dec. 7, Pennsylvanians over 65 and people with some disabilities can sign up or make any changes to their Medicare plan at Medicare.gov.

Bill Johnston-Walsh, state director of AARP Pennsylvania, said when deciding between different Medicare plans, it is important to consider how much coverage you are looking for, the costs, and how convenient it is for your personal life.

Johnston-Walsh emphasized plans allowing you to stick with your trusted doctor or pharmacy are key.

"A lot of people like that flexibility and the convenience of saying, 'Hey, this is my doctor. I've had this doctor for years and I don't want to change,' or, 'I've been going to this pharmacy. This guy's been wonderful, knows my prescriptions, knows what the interactions are, knows to have a good conversation with me,'" Johnston-Walsh outlined.

Nearly 2.8 million Pennsylvanians are enrolled in Medicare, according to 2020 data.

For 2022 plans, the Centers for Medicare and Medicaid Services plans to extend telehealth coverage, which became more popular during the pandemic for behavioral health visits. Benefits take effect Jan. 1.

When picking between original Medicare and Medicare Advantage, along with adding a Part D prescription drug plan, it can be daunting for anyone unfamiliar with the program.

Johnston-Walsh pointed out consumers should not be afraid to ask for help unpacking the information with someone in their community.

"You may need a loved one or a family friend or someone from your church to help you go through the process," Johnston-Walsh advised. "It can get complicated. You may need another set of eyes to be able to look at it with you, another trusted set of eyes that will be looking out for your best interest."

Johnston-Walsh also suggested Medicare recipients connect with their local Area Agency on Aging for support. The 52 agencies throughout the state offer free insurance counseling and can help with plan comparisons, enrolling in a plan, and determining eligibility.