Law and Action

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. These reports are submitted to the FDA and other agencies once per month.

Bookmarks

Print these bookmarks and drop them off at your ophthalmologist, public health department, doctor, or anywhere else to tell people how to submit LED Incident reports to the FDA.

Civil Rights

Send one of these letters to any government agency that is considering installing or operating LED lights.

Administrative Record – LED Lights
Administrative Record – LED Lights – New York

Food and Drug Administration

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, 2023Response 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.

April 26, 2024 – The US DOJ intervenes in the Mark Baker lawsuit and files a Special Notice of Intent to Oppose Default.

May 19, 2024 – The Soft Lights Foundation submitted a complaint to the US Health and Human Services Office for Human Research Protections due to the FDA CDRH’s failure to regulate LED products and for allowing an uncontrolled, unsupervised real-world experiment involving human exposure to LED Visible Light radiation.

May 28, 2024 – The FDA denied all Soft Lights Foundation petitions to regulate LED products in a single letter. The decision by the FDA to not regulate LED products and to not collaborate with any other federal agency illegally pushes regulation of LED products onto state and local governments.

June 16, 2024 – The Soft Lights Foundation wrote a letter to FDA Commissioner Robert Califf requesting a response to Representative Mike Thompson and Mark Pocan regarding regulation of automobile LED headlights.

August 5, 2024 – In response to Mark Baker’s lawsuit against the FDA for failing to establish a radiation control program for LED products, the FDA/DOJ responded on July 29, 2024 with a Motion to Dismiss. On August 5, 2024, Mark Baker filed a Response to Motion to Dismiss, and requested summary judgment. August 15, 2024, Defendant’s Reply to Response to Motion to Dismiss.

September 26, 2024 – Mark Baker filed a Motion to Voluntarily Dismiss the FDA lawsuit filed on January 22, 2024.

FDA Radiation Reports

October 14, 2022LEDs on Emergency VehicleFDA 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.

June 16, 2024 – The Soft Lights Foundation wrote a letter to Health and Human Services Office of Inspector General requesting an investigation of FDA CDRH Director Jeffrey Shuren and his willful and reckless decision to not confer or liaise with any other federal agency on the regulation of LED products.

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, 1966Federal 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, 2020NHTSA 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.

May 15, 2024 – We submitted a federal regulatory petition to NHTSA to set limits on Correlated Color Temperature for vehicle headlamps and daytime running lights.

June 7, 2024 – NHTSA acknowledges the Soft Lights Foundation petition to regulate Correlated Color Temperature for headlights.

June 11, 2024 – US Representative Mike Thompson submitted a letter to the US House Energy and Commerce Committee requesting that the committee hold a hearing with NHTSA officials to discuss blinding LED headlights.

June 30, 2024 – The Soft Lights Foundation submitted a letter to NHTSA requesting compliance with 21 U.S.C. 360ii(a).

September 23, 2024 – Mark Baker, President of the Soft Lights Foundation, filed a lawsuit against the US Food and Drug Administration and US National Highway Traffic Safety Administration for failure to comply with 21 U.S.C. 360ii(a)(6)(A) and maintain a liaison for LED vehicle headlamps, and against the FDA for dissolving TEPRSSC, in violation of 21 U.S.C. 360kk(f). December 3, 2024 – The FDA/NHTSA filed a Motion to Dismiss. December 5, 2024 – Plaintiff filed a Response to Defendant’s Motion to Dismiss. December 17, 2024 – Plaintiff filed a Petition for Writ of Mandate, Rule 26(f).

October 22, 2024 – NHTSA failed to make a decision on the Soft Lights Foundation petition to set an upper limit on headlamp intensity within the required 120 days. The Soft Lights Foundation sent a letter to NHTSA requesting a justification for the delay.

November 16, 2024 – The Soft Lights Foundation emailed Ford and NHTSA and notified them that they have failed to comply with 49 U.S.C. Section 30118 and that Soft Lights Foundation President Mark Baker intends to file a lawsuit for non-compliance.

November 18, 2024 – Soft Lights Foundation President Mark Baker sent the following letter to GM, Stellantis, and NHTSA:

Dear Mary Barra, CEO, General Motors,

49 U.S.C. 30118(c)(1) states, “A manufacturer of a motor vehicle or replacement equipment shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and dealers of the vehicle or equipment as provided in section 30119(d) of this section, if the manufacturer learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety.

A defective product is one that is unreasonably dangerous.  Over 64,000 individuals have signed a petition notifying GM and NHTSA that LED headlight technology is unreasonably dangerous, and therefore defective.  (https://www.change.org/p/u-s-dot-ban-blinding-headlights-and-save-lives).  The Reddit site /r/fuckyourheadlights contains photo and video evidence of this defective and dangerous LED headlight technology. (https://www.reddit.com/r/fuckyourheadlights/)

Therefore, as per 49 U.S.C. 30118(c)(1), as an act of good faith, General Motors is required to notify NHTSA, vehicle owners, and dealers that LED headlight technology is defective and poses an unacceptable safety risk.

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, 2022EPA 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, 2022OSHA 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.

August 15, 2024 – OSHA rejected our request to comply with 21 U.S.C. 360ii and cooperate and liaise with the FDA.

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, 2024Packet 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.

June 11, 2024 – All public comments to the NYSPSC through June 7, 2024.

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-2022-0020Rejection 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

Ann Arbor, MI – February 5, 2024 – My ADA request for accommodation for LED streetlights was denied.

Ashland, OROctober 21, 2022Lawsuit – Case 22CV36402. January 17, 2023 – At my request, this case was dismissed without prejudice so that I can file in federal court. February 14, 2023Denial of Accommodation Letter

Fairfield, CA – December 14, 2023 – Filed a lawsuit for failure to provide accommodation for RRFB LED strobe light. Baker vs. Fairfield Amended.

Massachusetts – October 25, 2022Rejection letter from Massachusetts Attorney General Civil Rights Department.

Medford, OR – November 4, 2022 – Request for ADA Accommodation – Letter

Pennsylvania, PA – September 14, 2023 – Rejection letter from Pennsylvania Attorney General.

Petrovich Development Company – May 6, 2024 – ADA discrimination lawsuit – Blue LED lights on video surveillance system.

Philadelphia, PA – September 5, 2023 – ADA Accommodation Request Rejection Letter.

Regency Centers – July 16, 2024 – Soft Lights Foundation President, Mark Baker, files a Small Claims lawsuit against Regency Centers for operating a dangerous and discriminatory video surveillance system that uses excessively intense and digitally flashing blue LED lights. September 27, 2024 – The Small Claims Court ruled against Mark Baker, claiming that there was insufficient evidence of cognizable harm.

Ulta Salon, Cosmetics, & Fragrance, Inc. – November 25, 2024 – Ulta agreed to settle a discrimination lawsuit involving blue LED lights on an LVT video surveillance system for $4,000. Ulta admits no wrongdoing, but the settlement is not confidential.

Vacaville, CA – September 30, 2024 – Mark Baker filed a Small Claims lawsuit against the city of Vacaville for using discriminatory RRFBs.

Williamstown, MA – October 24, 2022 – Request for ADA Accommodation – Letter

Woodland, CA – July 18, 2024 – Soft Lights Foundation President, Mark Baker, files a Small Claims lawsuit against the city of Woodland, California for operating a dangerous and discriminatory Rectangular Rapid Flashing Beacon that uses excessively intense and digitally flashing LED lights. September 27, 2024 – The Small Claims Court ruled against Mark Baker, claiming that there was insufficient evidence of cognizable harm.

Zanzibar Fair Trade Imports – November 23, 2024 – We requested removal of blue LED flashing light in store window. December, 2, 2024 – The blue LED lights were removed.

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 2022Reply Final September 22Record on Appeal LED Lights Volume 1Record on Appear LED Lights Volume 2Brief of NYPABrief of TownApril 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, CALetter notifying Marin that LED streetlights are not FDA approved.

States

California

July 18, 2023Request for legislation to California Assemblymember Kevin McCarty to restrict outdoor LEDs and LED strobing lights.

September 22, 2023Letter 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.

August 12, 2024 – Submitted a petition to the California Highway Patrol to prohibit supplemental LED flashing lights.

December 15, 2024 – Mark Baker filed a CEQA lawsuit against Bay Area Toll Authority, Metropolitan Transportation Commission, and CalTrans.

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.

Coldwell Banker Real Estate, LLC, et al.

May 6, 2024 – Mark Baker filed a discrimination lawsuit against CBRE and Petrovich Development Company for discrimination for use of LED lights and declining to make a good faith effort to remove the LED discriminatory barrier. Case CV2024-1150.

NAPA Auto

June 13, 2024 – NAPA Auto in Woodland, CA installed a video surveillance system with excessively intense and discriminatory blue LED flashing lights. Mark Baker contacted NAPA via their website, and the Woodland store agreed to turn off the blue LED lights.

Best Buy

July 28, 2024 – Best Buy is a USA national chain of big box stores selling electronics.  They operate LVT video surveillance systems in their parking lots.  At the request of the Soft Lights Foundation, Best Buy has agreed to turn off all the dangerous and discriminatory blue LED lights on the LVT system for all their stores across the country to protect the health, safety, and civil rights of individuals with disabilities.

Pacific Gas and Electric

August 18, 2024 – The Soft Lights Foundation notified PG&E that LED flashing lights on company vehicles are prohibited by California Vehicle Code Section 25250, the ADA, and Unruh Civil Rights Act, and therefore the LED flashing lights on company vehicles must be turned off and/or removed.

Target

October 22, 2024 – Mark Baker sent a letter to Target regarding discriminatory blue LED flashing lights on a video surveillance system. Target agreed to turn off the blue LED lights.

Gallelli Real Estate

October 31, 2024 – The Soft Lights Foundation sent a letter to Gallelli Real Estate asking them to turn of the blue LED lights on the LVT system.

Utah Jazz

November 2, 2024 – LVT is the patch sponsor for the Utah Jazz. The Soft Lights Foundation sent a letter to the Utah Jazz, asking the Jazz to have LVT turn off the discriminatory blue LED lights on their video surveillance systems across the world, or drop LVT has their patch sponsor.

Ford Motor Company

November 16, 2024 – The Soft Lights Foundation emailed Ford and NHTSA and notified them that they have failed to comply with 49 U.S.C. Section 30118.

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, 2023Response 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, 2023Wisconsin Court Upholds Madison Digital Billboard Ban – Court refers to Austin v. Reagan.

April 21, 2022City 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 – 2022Lenawee County, Michigan – Light Trespass

2019 – 2022Garland County, Arkansas – Light Trespass

Business

2022Carroll County, Iowa – Light Pollution Nuisance. July 23, 2024 – Ruling on Nuisance.

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

2020Big 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

Relevant Lawsuits

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

reckless endangerment n

: 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.

Footnotes