Naperville Smart Meter Awareness v. City of Naperville, 69 F. Supp. 3d 830

NSMA, an Illinois not-for-profit, sues the City of Naperville under 42 U.S.C. § 1983 for due process, Fourth Amendment, and equal protection violations, plus ADA Title II and III claims.
The Naperville Smart Grid Initiative replaced analog meters with smart meters, funded partly by the federal government, with data collection at 15-minute intervals.
Non-wireless meter options exist, with a onetime installation fee and monthly surcharge; some residents may opt for analog or non-wireless meters.
NSMA alleges health risks from RF waves and privacy risks from detailed meter data; NSMA seeks injunctive relief to provide no-cost analog/non-wireless meters.
The court previously dismissed the First Amended Complaint and NSMA filed a Second Amended Complaint, which the City now moves to dismiss under Rule 12(b)(1) and Rule 12(b)(6) and seeks sanctions under Rule 11.
The court resolves issues of standing, mootness, and the viability of NSMA’s claims, granting partial dismissal and denying sanctions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do NSMA and its members have associational standing?	NSMA’s members would have standing; the interests are germane; relief does not require member participation.	NSMA lacks standing as the organization must show injury in fact and redressability.	NSMA has associational standing for all claims.
Is the case moot given completion of the smart-meter installation?	Injuries continue and NSMA seeks ongoing relief to replace meters.	Project substantially completed; relief would be moot.	Case not moot; ongoing injunctive relief remains possible.
Whether NSMA’s due process claim under the Fourteenth Amendment is viable.	Installation without opportunity to oppose and potential health risks violate due process.	No deprivation of a protected liberty or arbitrary government action; policy rational.	Count I dismissed.
Whether NSMA’s Fourth Amendment claim about data collection is viable.	Smart-meter data constitutes unreasonable search/invasion of privacy.	No reasonable expectation of privacy in aggregate electricity usage data.	Count II dismissed.
Whether NSMA’s equal protection and ADA claims survive.	Disparate treatment of members vs. non-members and disability-related denial of analog/non-wireless meters.	Some fee-based differences have rational explanations; Title II/III claims may be unavailable.	Equal protection partially dismissed (fees); Title II/III ADA claims dismissed; Title III inapplicable to public entity.

Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Norton, 422 F.3d 490 (7th Cir. 2005) (standing requires injury, causation, redressability; threatened injury may suffice)
McCauley v. City of Chicago, 671 F.3d 611 (7th Cir. 2011) (plausibility standard for equal protection; need factual content beyond bare conclusions)
Iqbal v. Ashcroft, 556 U.S. 662 (U.S. 2009) (pleading standard to state a plausible claim (Twombly/Iqbal))