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A Win in Court! Wyandotte School Cell Tower Legal Battle To Take Place In State Court 

Jun 29, 2023

A Win in Court! Wyandotte School Cell Tower Legal Battle To Take Place In State Court 

“A group of Wyandotte residents suing to remove a new T-Mobile cell phone tower atop a public elementary school are cheering a late Wednesday ruling that sends the lawsuit back to state court. The residents originally filed the suit in Wayne County Circuit Court, alleging the telecommunications giant duped the local school district and a city of Wyandotte engineer into issuing an illegal building permit to build the 5G cell phone tower on the chimney of Washington Elementary School. T-Mobile had attempted to move the lawsuit to federal court because it contends the case deals with federal law regarding cellular technology” reads Detroit News coverage of the recent win.   

“T-Mobile appears to be arguing that Plaintiffs should be deemed to have brought a federal claim because, in T-Mobile’s view, Plaintiffs’ claims challenge FCC regulations and are preempted by those federal standards. But this point does not transform Plaintiffs’ state-law causes of action into federal claims; such claims may prompt a “defense that relies on . . . the preemptive effect of a federal state.” but that is not sufficient to create federal jurisdiction.”

Read the recent  judgement here . 

 

CBS News Detroit: Wyandotte School Board Member Resigns Following 5G Antenna Controversy

The controversy in Wyandotte continues. Now, there’s more fallout after a school board member recently resigned over the issue. Former Wyandotte School Board member Frank Tarnowski tells CBS News Detroit he was tired of being the only member to speak out against that antenna. “Basically, in their [attorney’s for the district] brief, they stated that the tower wasn’t harmful to children. There were no studies that would prove it. And that the board did nothing wrong. And it was basically a snapshot from T- Mobile, and I didn’t agree with it,” Tarnowski said. Parents of students at Washington Elementary School have pressed city leaders to take the antenna down.

The Wyandotte School Cell Tower Legal Battle to Stop 5G Antennas Near Children 

The lawsuit states the “sorry saga” began in the summer of 2017, when a T-Mobile representative offered “free money” for the school district if they allowed antennas on the smokestack. The antennas were installed despite the fact that city zoning laws don’t allow cell towers in that location.

 “Unless enjoined by this Court, T-Mobile will begin transmitting noxious, dangerous wireless radiation from the antennas atop the Washington Elementary School continuously all day, every day at a site where young children study and play during their most important developmental years.”

Several parties and individuals are named as defendants in the lawsuit, including Wyandotte Public Schools, the city of Wyandotte, T-Mobile Central LLC, former Superintendent of Schools Catherine Cost, former school district Business Manager Kenneth Laub, former City Engineer Gregory Mayhew, current City Engineer Jesus Placencia, as well as current and former members of the Wyandotte Board of Education.

Plaintiffs are represented by Castmore Law, PLLC of Josh Castmore, a Wyandotte-based attorney who resides in the community and the Law Office of Robert J. Berg, of Scarsdale, New York.

Wyandotte Michigan parents have been successfully protesting the installation of 5G cell antennas on their children’s elementary school for months now resulting in near daily news coverage. The superintendent resigned amidst the controversy.  

State and federal lawmakers have voiced opposition to the cell tower.  U.S Congressman Shri Thanedar released a press statement saying that the cell tower on top of the school is unacceptable and spoke at an expert webinar with legal and science experts.  

Michigan State Representative James Desana is introducing a state bill to restrict cell towers at schools. Environmental Health Trust submitted a scientific letter on the health effects of cellular radiation to Representative James Desana in support of the bill which documented the scientific research indicating harmful effects,” Cell antennas and cell towers should not be placed near schools and homes. Safety is not assured even if the cell tower is compliant with FCC limits.” 

Watch the webinar with U.S Congressman Shri Thanedar,  Michigan Representative James Desana and Wyandotte parents here.

 

Watch a video of the parents speaking out at a local school board meeting here. 

Wayne State University Professor John Liu called the cell tower  “pure evil” in a recent FOX 2 News Detroit  news report. Professor John Liu was also featured in WXYZ news report stating that, “Radiofrequency from the cellular tower is harmful to people.” 

Nearby, parents in Detroit schools who also have cell antennas on their schools are now voicing their concerns.  See wxyz Detroit parents call for tests to determine radiation exposure from cell antennas on schools 

Cell phone companies such as T-Mobile cannot get insurance coverage for long term health damages from cell tower radiation exposure. In fact, telecommunications companies warn their shareholders of liability risks due to lawsuits. However companies do not warn the people living near their towers, nor the parents of children going to schools with cell towers. 

For example, T-Mobile’s 2023 Securities and Exchange Commission filing states: 

“We, along with equipment manufacturers and other carriers, are subject to current and potential future lawsuits alleging adverse health effects arising from the use of wireless handsets or from wireless transmission equipment such as cell towers.”

“In addition, the FCC has from time to time gathered data regarding wireless device emissions, and its assessment of the risks associated with using wireless devices may evolve based on its findings. Any of these allegations or changes in risk assessments could result in customers purchasing fewer devices and wireless services, could result in significant legal and regulatory liability, and could have a material adverse effect on our business, reputation, financial condition, cash flows and operating results.” 

Cell tower antennas emit microwave non ionizing radiation. T-Mobile is one of many companies that specifically defines pollution as including microwave and other non ionizing radiation in their cell phone protection insurance plans. They tell consumers the company  will not take responsibility for harm from damages from microwaves and non ionizing electromagnetic radiation.

T- Mobile’s ”Premium Handset Protection Insurance Warranty” states that their “insurance does not apply to loss or damage caused directly or indirectly” by “Pollution” which is defined in their policy as including “any artificially produced electric fields, magnetic field, electromagnetic field, sound waves, microwaves, and all artificially produced ionizing or nonionizing radiation and/or waste.”  

T-Mobile and other cell tower companies state that the radiation from their cell towers meet FCC human exposure limits and thus they are safe and the companies are not breaking any laws. What they do not mention is that FCC limits were set in 1996 and these limits are not based on protection against long term health damages. They protect against overheating but not cancer or biological effects. 

T-Mobile neglects to inform parents that it commissioned a report in entitled the Ecolog Institute Report which reviewed the science on health effects and recommended an RF exposure limit 1000x  lower than the FCC’s current power density limit after reviewing the research on biological effects, including impacts to the immune system, central nervous system, hormones, cancer, neurotransmitters and fertility. (Read the T Mobile Commissioned Ecolog Report on Wireless and Health here)