LED Incident Submission
Click here to submit an LED exposure incident or to submit an impact statement on how LEDs have adversely affected your life.
Food and Drug Administration
In 1968, Congress passed the Radiation Control for Health and Safety Act which directed the FDA to regulate electronic products and the electromagnetic radiation emitted by those products, including visible light. The FDA created Part 1040 – Performance Standards for Light-Emitting Products. The current subparts are 1040.10 – Laser products, 1040.20 – Sunlamp products, and 1040.30 – Mercury Vapor lamps. What is missing is 1040.40 – Light Emitting Diode products.
In 2018, the FDA wrote on its website, “LEDs (Light Emitting Diodes) are different from laser diodes and are not subject to the Federal laser product performance standard.” The FDA has confirmed that they have the authority and imperative to regulate LED visible radiation by issuing CSMS# 17-000330 – LIGHT-EMITTING DIODE (LED) REPORTING TO FDA on June 6, 2017, which states, “FDA has regulatory authority over radiation-emitting electronic products, which are defined in 21 CFR 1000.3 as any electrically-powered product that can emit any form of radiation on the electromagnetic spectrum. As such, reporting to FDA upon importation of radiation-emitting electronic products is required. LED products emit visible optical radiation, which qualifies them to be radiation-emitting electronic products and gives FDA regulatory authority.”
Any product that uses LEDs is an unapproved, unregulated product which may cause injury, sickness, or death. Submit public comment to the FDA to regulate LED products here: Petition FDA-2022-P-1151
On June 13, 2022, the Soft Lights Foundation formally petitioned the FDA to regulate LED light products. Petition The FDA has assigned docket number 2022-P-1151 and is taking public comments now. On October 14, 2022, we submitted an additional document focused on the medical harms of LED visible radiation. Petition to FDA to regulate LED products.
November 7, 2022 – The FDA notified us that the petition raises questions requiring “further review”. Interim Response.
January 17, 2023 – Yet another non-response response from the FDA. Response.
January 22, 2023 – We submitted a petition to the FDA to regulate LED strobe lights – Petition.
February 13, 2023 – The FDA responded to our Freedom of Information Act request that they cannot find a single document, email, or other piece of information related to regulating LED products. Letter.
March 7, 2023 – We filed an appeal with the FDA FOIA office because the FDA provided no documents to us. The FDA FOIA office responded and assigned case number: 23-0024AA.
March 21, 2023 – US Senator Maria Cantwell received a response from her inquiry to the FDA that the issue is complex.
March 31, 2023 – Response from Robert Ochs, Director of the FDA Office of Health Technology 8 stating that the issue requires further review.
May 24, 2023 – Americans for Responsible Technology submitted a petition to the FDA to compel the FDA to study and publish standards to minimize the risk of harm from non-ionizing electromagnetic radiation. While this petition focuses on radio frequency, it would include LED visible radiation as well.
May 26, 2023 – We sent a letter to the FDA requesting a status update that provides detailed information on our petition.
June 13, 2023 – We sent a letter to the FDA notifying the FDA that we have exhausted all administrative remedies.
June 26, 2023 – We submitted a complaint to the HHS Office of Inspector General.
June 30, 2023 – The FDA provided an interim letter for our petition to regulate LED strobe lights.
July 28, 2023 – Representative Mike Thompson of California wrote a letter to the FDA requesting performance standards for LED headlights.
September 7, 2023 – The FDA published our petition to regulate LED vehicle lights. FDA-2023-P-3828-0001.
September 11, 2023 – The FDA published our petition to regulate LED street lights. FDA-2023-P-3879-0001.
October 3, 2023 – Representative Mark Pocan of Wisconsin sent a letter to the FDA requesting performance standards for LED headlights.
January 22, 2024 – Mark Baker filed a lawsuit against the FDA for failing to comply with the Administrative Procedure Act and for violating citizen’s 5th amendment rights.
April 22, 2024 – The FDA never responded to Mark Baker’s lawsuit, so he filed a Request for Entry of Default.
FDA Radiation Reports
October 14, 2022 – LEDs on Emergency Vehicle – FDA Response – Case Number: COR22000194
Health and Human Services
May 13, 2023 – We sent a letter to HHS Secretary Xavier Becerra demanding that he instruct the FDA CDRH Director to notify the public that LEDs are a public health hazard and to act on our FDA petition.
US Department of Energy
May 19, 2017 – The DOE lost a case at the District of Columbia Circuit, where the DOE attempted to remand a company’s application back to the DOE so that the could quash it.
April 4, 2022 – The DOE NEPA Code Compliance Officer approved a categorial NEPA exclusion for the 45 lumen/watt rule, unjustifiably claiming that the rule would not harm human or environmental health.
July 10, 2022 – The Soft Lights Foundation submitted a 41-page written comment to the DOE, detailing the history of LED technology and how Congress was misled about the quality of LED light and detailing how LED light is toxic and that LEDs are not energy efficient. The submission requests that the DOE rescind the 45 lumen/watt luminous efficacy Final Rule for General Service Lamps. Submission.
August 22, 2022 – The DOE rejected our request for accommodation and relief from the 45 lumen/watt rule. Letter.
December 24, 2022 – We did not receive a response to our July 10, 2022 petition, so we submitted a new petition. Petition
January 11, 2023 – DOE Notice of Proposed Rule for 120 lumen/watt efficacy requirement for General Service Lamps. You can submit comments here.
March 21, 2023 – DOE denies our petition to repeal the 45 lumen/watt rule.
May 30, 2023 – We submitted a petition to DOE requesting compliance with 21 USC 360ii and that DOE and FDA collaborate to publish performance standards for LED products, including General Service Lamps and Streetlights.
June 18, 2023 – We submitted a formal complaint with the DOE Office of Inspector General, case number 23-0319-C, alleging fraud, conspiracy, and deceit.
January 8, 2024 – The DOE lost a case at the 5th Circuit Court of Appeals related for arbitrary and capricious rules for energy efficient dishwashers. This case has direct implications for the DOE 45 lumen/watt rule.
January 10, 2024 – The DOE OIG responded in an email: Your complaint is closed. The OIG determined that no further action was warranted. No further information is available via this venue; however, you are welcome to request a copy of the file via the Freedom of Information Act (FOIA). Please reference complaint # 23-0319-C. Status, disposition and FOIA information can be found on our website.
Federal Highway Administration
September 9, 1966 – Federal Motor Vehicle Safety Act – Congress states that vehicles must be designed to protect the public from unreasonable risk. LED headlights pose an unreasonable risk, in violation of this law.
August 20, 2020 – NHTSA Letter on LED Headlights from LeRoy Angeles – No aftermarket LED replaceable bulb is legal.
June 29, 2022 – We submitted a complaint to the Federal Highway Administration, Office of Civil Rights to terminate its interim approval of Rectangular Rapid Flashing Beacons because they are a violation of civil rights and the ADA’s prohibition of discrimination. Case number 2022-0375.
October 19, 2022 – The FHWA has decided that they are going to ignore the issue because it is too complex. – Rejection Letter.
November 23, 2022 – The Soft Lights Foundation submitted a petition to repeal the RRFB Interim Approval. – The FHWA has added this petition to the MUTCD docket FHWA-2020-0001.
February 2, 2023 – The FHWA is taking public comments Request for Information: Improving Road Safety for All Users on Federal-Aid Projects – FHWA-2021-0011-Docket.
NHTSA
Sign the petition to Ban Blinding Headlights! – Our petition to ban blinding LED headlights has over 30,000 signatures and heartbreaking comments. Our goal is to have a US Senator formally submit this petition to the US National Highway Traffic Administration.
August 20, 2020 – NHTSA acknowledges that replacement kits using LED bulbs are not legal. Letter from LeRoy Angeles.
August 5, 2022 – We submitted a formal petition to NHTSA to issue an order of non-compliance to Ford for non-compliant LED headlights. In this petition, we lay out the case for why LED headlights are non-compliant and dangerous, and how Ford failed to request and receive regulatory approval to use LED headlights. Petition.
August 11, 2022 – Petition for non-compliance for Tesla Model 3. Petition
September 9, 2022 – Petition for non-compliance for Rivian RT1. Petition
September 30, 2022 – NHTSA Responded that they have received our three petitions and assigned case numbers NHTSA-220815-006, 220818-001, and 220919-008. Letter.
November 15, 2022 – Senator Markey and 9 other Senators wrote to NHTSA asking for a status update on safety regulations, including headlights. We wrote to Senator Markey about non-compliant LED headlights. Letter.
December 2, 2022 – NHTSA Rejected our petitions to issue orders of non-compliance. – Letter.
December 5, 2022 – We filed a request for an investigation into Ford’s use of non-compliant LED headlights with the US Department of Transportation, Office of Inspector General. Complaint.
December 8, 2022 – NHTSA published their denial of our petitions to recall several vehicles in the Federal Register.
December 10, 2022 – We submitted a petition to NHTSA to require that all vehicle lamps emit spatially uniform visible radiation that follows an inverse square law for dispersion. Petition.
March 10, 2023 – NHTSA sent letter acknowledging our petition to require that all lamps emit spatially uniform visible radiation.
May 29, 2023 – We submitted a petition to NHTSA to comply with 21 USC Section 360ii to collaborate with the FDA to publish performance standards for LED visible radiation on vehicles.
August 20, 2023 – We filed a complaint with the Department of Transportation Office of Inspector General.
August 22, 2023 – The DOT OIG rejected our complaint.
September 23, 2023 – We submitted a formal request to NHTSA Office of Defects Investigation to investigate the auto industry’s switch to LED headlights.
September 27, 2023 – We submitted a Request for Interpretation to NHTSA regarding the requirement that the automakers comply with the Administrative Procedure Act and petition NHTSA for authorization to use LED headlights in their vehicles.
December 25, 2023 – We submitted a federal regulatory petition to NHTSA describing the automaker’s failure to comply with 5 U.S.C. 551-559 and NHTSA’s failure to update FMVSS-108 for LED headlights. We requested that NHTSA issue a notice of non-compliance to Stellantis for the 2023 Jeep Grand Wagoneer.
February 13, 2024 – Response letter from NHTSA to our 2021 letters about blinding LED headlights. NHTSA states that aftermarket LED bulbs are illegal, but that there is no enforcement. NHTSA states that the FDA is responsible for protecting our eyes. NHTSA states that maximum limits on intensity are only for certain test points.
March 1, 2024 – We submitted a federal regulatory petition to NHTSA to set an overall limit on lower beam headlight intensity.
March 20, 2024 – We received a letter from NHTSA stating that they have received our petition to set an overall limit on lower beam headlight intensity.
Department of Transportation
April 2, 2024 – We formally submitted 202 pages of comments, representing 60,000 signatures, from our petition to ban blinding headlights to Secretary of Transportation, Pete Buttigieg.
April 3, 2024 – We submitted a letter to Secretary Buttigieg notifying him that the auto industry is relying on a single Letter of Interpretation from a NHTSA lawyer for authorization to use LED headlights. We request that NHTSA comply with federal regulatory procedures and publish performance standards to the federal register for public comment.
EPA
October 7, 2022 – EPA Rejection Letter – The EPA stated that they are only authorized to regulate ionizing radiation.
Federal Aviation Administration
November 9, 2022 – The FAA sent a letter stating that they defer to the FDA for regulation of LED radiation.
Centers for Disease Control
March 3, 2023 – We requested a website page to collect reports of adverse reactions to LED visible radiation. We were given case ID: CDC-2806794-C4V4M6.
OSHA
September 7, 2022 – OSHA Rejection Letter – OSHA stated that they have “limited resources” and can’t be bothered to protect workers from LED visible radiation.
July 22, 2023 – We filed a citizen petition with OSHA to comply with 29 U.S.C. 651 and 21 U.S.C. 360ii to publish performance standards for LED products to ensure the comfort, health, and safety of all workers.
Consumer Product Safety Commission
November 7, 2022 – Jurisdiction Letter – CPSC defers regulation of LED visible radiation to the FDA.
General Accountability Office
November 12, 2022 – The GAO investigates and writes reports for Congress. We requested that the GAO investigate LED products and the failure of federal agencies to regulate LED visible radiation. Case Number: COMP-23-000996 Letter.
March 1, 2023 – The GAO informed us that they are not initiating an investigation. Therefore, we have contacted members of Congress to request that Congress request an investigation from the GAO.
Equal Employment Opportunity Commission
February 26, 2023 – We sent a letter to the EEOC detailing the hazards, lack of regulation, and discriminatory nature of LED products. Incident Number: 230226-000123
Federal Trade Commission
April 3, 2023 – We submitted a complaint to the FTC asking for the FTC to direct the lighting manufacturers to warn consumers that LED products are not FDA approved and that LED visible radiation is a health hazard.
November 26, 2023 – We submitted a citizen petition for rulemaking to request that the metric ‘luminance’ appear on all product materials for products that use LEDs.
Department of Justice
April 26, 2023 – We sent a letter to the US DOJ requesting an investigation into the discriminatory barriers created by the use of LED radiation devices.
Access Board
June 5, 2023 – We submitted a petition to the Access Board to comply with 21 USC 360ii to liaison with the FDA and publish performance standards to ensure protection of those with disabilities from the harms of LED visible radiation.
August 21, 2023 – The Access Board denied our petition to comply with 21 U.S.C. 360ii.
August 26, 2023 – We submitted a petition to the Access Board to amend Final Rule ARBCB 2011-0004 and eliminate the recommendation, promotion, and mention of RRFBs.
October 26, 2023 – The Access Board denied our petition to amend Final Rule ARBCB 2011-0004.
April 16, 2024 – The Soft Lights Foundation attended the Access Board Town Hall in Los Angeles, California and submitted comments and requested that the Access Board publish guidelines to protect individuals from LED light discrimination.
President of the United States
October 24, 2023 – We sent a letter to President Biden requesting an executive order to compel the FDA to liaise with other federal agencies and publish performance standards for LED products.
Congress
December 2, 2023 – We sent a letter to US Representative John James, requesting Congressional oversight and an investigation into the lack of regulation by the FDA and NHTSA for LED headlights.
February 1, 2024 – Our members submitted this packet to members of Congress, requesting that something be done about LED headlights.
March 2, 2024 – Packet to Congress.
Public Utility Commissions
New York State Public Service Commission
December 13, 2021 – Matter 21-02623 – 52 people signed the petition to open an investigation of National Grid and the Village of Cambridge, New York for installing and operating LED streetlights that trigger epileptic seizures.
January 25, 2024 – The NYSPSC assigned this Matter as Case 23-E-0727 and is taking public comment. The NYSPSC staff report recommends denying the petition, making numerous false claims about energy efficiency and safety.
Nevada Public Utilities Commission – Docket 22-07007 – Petition to stop installing LED street lights pending FDA approval. Our petition was denied.
California Public Utilities Commission – Our complaint was rejected on July 18, 2022. Rejection Letter.
Virginia State Corporation Commission – Docket Number PUR-2022-00114
Iowa Utilities Board – Filing – Docket: RMU-2022-0020 – Rejection Letter claiming that energy efficiency does not have a quality component.
Minnesota Public Utilities Commission – Filing – Rejected by the Commission.
Idaho Public Utilities Commission – Case GNR-E-22-02 -Rejected on November 4, 2022 – Rejection Letter – The rejection letter contains valuable information because the Idaho PUC and Avista, Rocky Mountain Power, and Idaho Power all defer entirely to the FDA for comfort, health, and safety regulations.
California Energy Commission
Docket 22-BSTD-01, 2025 Energy Code Pre-Rulemaking – Submission
Human Rights
New York – New York State Human Rights Department – Case 10212383
Minnesota – Minnesota Department of Human Rights – Q# 107420. On June 15, 2023, the MDHR found that there was “probable cause” for discrimination due to the city’s use of LED strobe lights. This is a precedent setting case that confirms that LED strobe lights create an illegal discriminatory barrier. Finding.
Alaska – Alaska Human Rights Commission – Case ASCHR J-22-097
Massachusetts – Attorney General Civil Rights Division – Rejection Letter
Americans with Disabilities Act
Pennsylvania, PA – September 14, 2023 – Rejection letter from Pennsylvania Attorney General.
Philadelphia, PA – September 5, 2023 – ADA Accommodation Request Rejection Letter.
Ashland, OR
October 21, 2022 – Lawsuit – Case 22CV36402
January 17, 2023 – At my request, this case was dismissed without prejudice so that I can file in federal court.
February 14, 2023 – Denial of Accommodation Letter
Williamstown, MA – October 24, 2022 – Request for ADA Accommodation – Letter
October 25, 2022 – Rejection letter from Massachusetts Attorney General Civil Rights Department.
Medford, OR – November 4, 2022 – Request for ADA Accommodation – Letter
Fairfield, CA – December 14, 2023 – Filed a lawsuit for failure to provide accommodation for RRFB LED strobe light.
Ann Arbor, MI – February 5, 2024 – My ADA request for accommodation for LED streetlights was denied.
Cities
July 5, 2023 – Philadelphia, PA – We sent a letter notifying the city that LED streetlights are not FDA approved. August 30, 2023 response from the city, ignoring our concerns. Our August 30, 2023 response letter, demanding that the lack of FDA and discriminatory aspects of LED street lights be addressed.
July, 2023 – Highlands, NY – Deborah Kopald filed suit against the city of Highlands New York and the New York Power Authority. Brief LED Lights July 2022 – Reply Final September 22 – Record on Appeal LED Lights Volume 1 – Record on Appear LED Lights Volume 2 – Brief of NYPA – Brief of Town – April 6, 2023 Letter from Soft Lights Foundation.
May 27, 2023 – Miami, FL – We wrote a letter to the city of Miami, alerting them to the hazards of LED visible radiation and lack of legal justification for using LED lighting.
April 19, 2024 – Henderson, NV – We submitted a report on hazards and discriminatory nature of LED street lights.
Counties
August 30, 2023 – Loudoun County VA – Letter notifying Loudoun County that LED streetlights are hazardous and not FDA approved.
April 6, 2023 – Marin County, CA – Letter notifying Marin that LED streetlights are not FDA approved.
States
California
July 18, 2023 – Request for legislation to California Assemblymember Kevin McCarty to restrict outdoor LEDs and LED strobing lights.
September 22, 2023 – Letter to California DMV to take action to protect the public from unregulated LED lights on vehicles, including aftermarket LED headlights and LED flashing lights on emergency vehicles.
January 15, 2024 – Submitted a petition to the California Emergency Medical Services Authority to regulate flashing lights and sirens on emergency vehicles.
January 30, 2024 – Our petition to the California EMSA was rejected.
January 30, 2024 – Submitted a petition to the California Highway Patrol to regulate flashing lights and sirens on ambulances.
March 14, 2024 – The California Highway Patrol rejected our petition to regulate flashing lights and sirens on ambulance.
Colorado
January 19, 2024 – Submitted a petition to the Colorado Emergency Medical and Trauma Services to regulate flashing lights and sirens on emergency vehicles.
Connecticut
January 20, 2024 – Submitted a petition to the Connecticut Office Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
February 21, 2024 – Our petition was rejected on the grounds of undue burden.
Hawaii
January 1, 2024 – Submitted a petition to the Hawaii Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
February 2, 2024 – Received a rejection letter from Hawaii Emergency Medical Services.
Maine
January 14, 2024 – Submitted a petition to the Maine Bureau of Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
March 14, 2024 – Received a rejection letter from the Maine Bureau of Emergency Medical Services.
Massachusetts
January 20, 2024 – Submitted a petition to the Massachusetts Office Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
Michigan
January 14, 2024 – Submitted a petition to the Michigan Bureau of Emergency Preparedness, EMS, and Systems of Care to regulate flashing lights and sirens on emergency vehicles.
Minnesota
December 30, 2023 – Submitted a petition to the Minnesota Emergency Medical Services Regulatory Board to regulate flashing lights and sirens on emergency vehicles.
New York
December 31, 2023 – Submitted a petition to the New York State Bureau of Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
Pennsylvania
December 31, 2023 – Submitted a petition to the Pennsylvania Bureau of Emergency Medical Services to regulate flashing lights and sirens on emergency vehicles.
Tennessee
January 18, 2024 – Submitted a petition to the Tennessee Emergency Medical Services Division to regulate flashing lights and sirens on emergency vehicles.
Vermont
January 14, 2024 – Submitted a petition to the Vermont Emergency Medical Services Division to regulate flashing lights and sirens on emergency vehicles.
February 2, 2024 – Received a rejection letter from Vermont Emergency Medical Services Division, claiming that they don’t have authority.
February 2, 2024 – Submitted a petition to the Vermont Department of Motor Vehicles to regulate flashing lights and sirens on emergency vehicles.
March 1, 2024 – Received a rejection letter from the Vermont Department of Motor Vehicles.
March 2, 2024 – Submitted proposed legislation to the Vermont State Legislature Transportation Committee to direct the Vermont DMV to publish restrictions for lights and sirens on emergency vehicles.
Companies
Engstrom Properties – Woodland, California
January 9, 2024 – Submitted a Request for Accommodation for the high luminance blue LED lights that are on the LiveView Technologies spy camera system in the shopping center parking lot.
January 18, 2024 – The Request for Accommodation was approved and implemented by turning off all LED lights on the system.
Klassen Smith Construction – Fairfield, California
February 1, 2024 – Submitted a Request for Accommodation for discriminatory blue LED lights on a spy camera system.
February 4, 2024 – The Request for Accommodation was approved and the blue LED lights were turned off on the spycam system.
First National Realty Partners
February 29, 2024 – The Soft Lights Foundation submitted a Request for Accommodation on behalf of a client for the discriminatory blue LED lights on the LVT camera system.
Department for Transport – United Kingdom
June 19, 2023 – The DfT provided a technical letter to us purporting to claim that point sources and flat surface sources can be treated equally. We responded with a letter disputing their claims and providing details about luminance.
December 30, 2023 – Baroness Hayter House of Lords report on LED headlight dazzle.
Insurance Institute for Highway Safety
December 19, 2022 – We wrote to the IIHS, advising them of their duty to notify their member groups that LED headlights are unsafe. Letter.
General Motors
January 31, 2023 – We now have a case number with General Motors for the LED headlight issue. GM Case Number 9-9265408744. You may contact GM to report being blinded by an LED headlight at execreferral@cadillac.com
National Academy of Sciences
January 13, 2023 – We submitted a request for the Behavioral Traffic Safety Cooperative Research Program to study the use of LEDs in transportation. Submission.
Utility Companies
July 2, 2023 – Sawnee EMC – Letter notifying Sawnee that LED street lights have no FDA approval.
July 2, 2023 – National Grid – Letter notifying National Grid that LED street lights have no FDA approval.
July 2, 2023 – Duke Energy – Letter notifying Duke Energy that LED street lights have no FDA approval.
July 2, 2023 – Pacific Gas and Electric – Letter notifying PG&E that LED street lights have no FDA approval.
July 3, 2023 – San Diego Gas and Electric – Letter notifying SDG&E that LED street lights have no FDA approval.
July 3, 2023 – Southern California Edison – Letter notifying SCE that LED street lights have no FDA approval.
September 28, 2023 – Response from DTE Energy stating that they will continue to sell unregulated LED street lights until the FDA publishes performance standards.
Case Law
Electronic Billboards
January 9, 2023 – Wisconsin Court Upholds Madison Digital Billboard Ban – Court refers to Austin v. Reagan.
April 21, 2022 – City of Austin v. Reagan National Advertising – The US Supreme Court decided that local government’s may ban electronic billboards.
Civil Rights
Burbank vs. Hein – A consideration of civil rights violations for shining a strobing light into the eyes of a prisoner with epilepsy.
Injury Lawsuit
Kurt Eichenwald Case – Mr. Eichenwald agreed to a $100,000 settlement. A person deliberately sent him an animated flashing graphic that caused him to suffer a seizure. The case uses the words assault and a Texas state definition of battery that allows that the LED light touched Mr. Eichenwald.
Neighbor
2020 – 2022 – Lenawee County, Michigan – Light Trespass
2019 – 2022 – Garland County, Arkansas – Light Trespass
Business
2022 – Carroll County, Iowa – Light Trespass
Local Government
March 8, 2023 – Grand Rapids, Michigan – Letter to Grand Rapids regarding dangerous and unregulated LED streetlights.
March 8, 2023 – Dorset, UK – Letter to Dorset regarding dangerous and unregulated LED streetlights.
2022 – Roseville, Minnesota – Rectangular Rapid Flashing Beacon Causing Epileptic Seizures
2021 – 2022 – Little Canada Minnesota – Rectangular Rapid Flashing Beacon Causing Epileptic Seizures
2021 – 2022 – Ashland, Oregon – Rectangular Rapid Flashing Beacon Causing Panic Attacks
2020 – 2022 – Village of Cambridge, New York – LED Streetlights Causing Epileptic Seizures
2021 – Florence, Oregon – Use of LED Flashing Lights on Stop Signs
State Government
February 25, 2023 – California Department of Transportation, Inspector General – We sent a letter to CalTrans, notifying them that LED streetlights are hazardous and unregulated, and that the claim that LED street lights are energy efficient is false. We requested an investigation.
2021 – Oregon Department of Transportation – Use of RRFBs
2020 – Big Oil Climate Change Lawsuits by Cities – Using state and local consumer protection laws. Big Oil committed fraud.
Federal Government
2021 – 2022 – Federal Highway Administration – Interim Approval of RRFBs
2019 – 2022 – National Highway Traffic Administration – Failure to Regulate LED Headlights
Product Liability
Nuisance
There are public and private nuisances. A public nuisance is when your right to use of public commons is unreasonably interfered with. A private nuisance is when your right to quiet enjoyment of your property is interfered with.
State Common Law of Public Nuisance in the Modern Administrative State – The evolution of nuisance common law. The states have police powers for nuisance with the federal government having little say. However, federal statutory programs such as the Clean Air Act and Clean Water Act cannot be overruled by state laws. On the other hand, state laws can be more stringent than federal laws. Sadly, we are missing a federal Natural Night Resource Protection Act.
This case law shows that light is a pollutant, that light trespass is a nuisance, and that light trespass constitutes an illegal taking of property rights. https://www.americanscientist.org/article/how-property-rights-can-fight-pollution – Quotes:
1959 Martin v. Reynolds Metals – “We think that a possessor’s interest in land as defined by the considerations recited above may, under the appropriate circumstances, be violated by a ray of light, by an atomic particle, or by a particulate of fluoride.”
1913 Richards v. Washington Terminal – “We deem the true rule, under the Fifth Amendment . . . to be that while the legislature may legalize what otherwise would be a public nuisance, it may not confer immunity from action for a private nuisance of such a character as to amount in effect to a taking of private property for public use.”
Bormann v. Board of Supervisors, in 1998, led to a similar ruling. The Iowa Supreme Courtheld unconstitutional state “right to farm” statutes that permitted odors to invade other properties, because the laws constituted a taking of the property rights of those who were subjected to them.
Small Claims Steps to Eliminate a Nuisance Light – Follow these steps if you have a nuisance light shining onto your property.
Property Rights
Reckless Conduct Laws – Description and examples of reckless conduct, including intentional mishandling of toxic substances.
Equal Employment Opportunity Commission
– Loss of Work
Defective Product
Many LED products are defective because they are inherently dangerous. Products Liability includes all parties along the chain of manufacture, sale, and operation.
Legislation
Local Codes
Whistleblower
Class Action and Mass Tort Lawsuit
United Nations Basic Human Rights
Reckless Endangerment
: the criminal offense of recklessly engaging in conduct that creates a substantial risk of serious physical injury or death to another person. Whether you meant any harm or not, creating a situation that puts someone else at risk is illegal.
Tragically, in the USA, the legal system is not designed to generally improve society. Instead, it is based upon a win or lose system of what is a “right” and over the years the courts have made some rights unassailable, and other rights nonexistent. Let’s Talk About How Truly Bizarre Our Supreme Court Is.