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Cease and Desist Order Against Verizon Cell Tower by Board of Health Pittsfield MA

Apr 7, 2022

The First “Emergency” Cease and Desist Order Against Verizon Cell Tower by the Board of Health Pittsfield MA

EMERGENCY ORDER

REQUIRING THAT PITTSFIELD CELLULAR TELEPHONE COMPANY, D/B/A VERIZON WIRELESS, AND FARLEY WHITE SOUTH STREET, LLC, SHOW CAUSE WHY THE PITTSFIELD BOARD OF HEALTH SHOULD NOT ISSUE A CEASE AND DESIST ORDER ABATING A NUISANCE AT 877 SOUTH STREET ARISING FROM THE OPERATION OF A VERIZON WIRELESS CELL TOWER THEREON AND CONSTITUTING IMMEDIATE ORDER OF DISCONTINUANCE AND ABATEMENT IF NO HEARING IS REQUESTED

First in Nation; Board of Health Sends Emergency Cease & Desist Order for Verizon Cell Tower After Health Effects Reported

On April 6, 2022, the Pittsfield, Massachusetts Board of Health voted to send a cease and desist order to shut down a Verizon cell tower if Verizon does not respond with meaningful action regarding a cell tower . The Board took action after families living in the neighborhood of Shacktown near the tower on 877 South Street Pittsfield MA reported wireless radiation-related health issues soon after the tower became operational in 2020. 

The order was sent this week and recieved by Verizon today. Verizon has seven days to respond. Seventeen people are reporting injuries linked to the radiation. 

Link to the Order

 

The order states that verizon cell tower  was activated, “the City started to receive reports of illness and negative health symptoms from residents living nearby the facility, and in particular, from residents living in the so-called “Shacktown” neighborhood. The negative health symptoms the affected residents have reported include complaints of headaches, sleep problems, heart palpitations, tinnitus (ringing in the ears), dizziness, nausea, skin rashes, and memory and cognitive problems, among other medical complaints.” 

 The order states:

“The evidence presented to the Board includes well over one thousand peer-reviewed scientific and medical studies which consistently find that pulsed and modulated RFR has bio-effects and can lead to short- and long-term adverse health effects in humans…Credible, independent peer-reviewed scientific and medical studies show profoundly deleterious effects on human health, including but not limited to: neurological and dermatological effects; increased risk of cancer and brain tumors; DNA damage; oxidative stress; immune dysfunction; cognitive processing effects; altered brain development, sleep and memory disturbances, ADHD, abnormal behavior, sperm dysfunction, and damage to the blood-brain barrier.”

“Whereas, as further documented below, the neurological and dermatological symptoms experienced by the residents are consistent with those described in the peer-reviewed scientific and medical literature as being associated with exposure to pulsed and modulated Radio Frequency (“RF”) radiation, including RF from cell towers.”

Shacktown resident Courtney Gilardi, whose two daughters are among the injured stated, “We pray that the Honorable Mayor Tyer supports the Board of Health’s decision and stands with the 17 harmed and the three with cancer. We pray she honor’s the Board of Health’s careful, conscientious and unanimous decision. We pray she frees up funds for the Board to be able to do their work. We pray we are not the collateral damage, the cost of doing business or the disposable people like we have been called. We pray this cease and desist results in the tower being removed.”  Read Courtney Gilardi’s full statement. 

The community, supported by physicians and international experts has been working tirelessly to turn the Verizon towers transmissions off. 

Next: The Pittsfield City Council must now vote on releasing monies to support legal action to defend against Verizon.

Background: Two months ago, the Board voted to issue a cease and desist order but held off from actually sending it to Verizon as they finalized the document and addressed legal issues. Now, they have prepared a final cease and desist. However the Board has  concerns that if Verizon sues the City for the action,  the City Mayor Tyer will not release the funds for legal defense. Thus, yesterdays historic vote was conditioned on the order being withdrawn without prejudice if the board is unable to retain legal counsel prior to any administrative or judicial proceeding.  

Link to the Order

The Board of Health held a Forum on cell tower radiation and health July 2, 2021.

Local News Reports

Links

 The Board heard testimony from numerous doctors and experts: 

Two months ago, on February 2, 2022, the Pittsfield, Massachusetts Board of Health had unanimously voted to issue an order but they had not finalized the order and wanted to consult with lawyers before further action. The cease and desist order to Verizon would become effective seven calendar days after the issuance of the order if Verizon fails to notify the Board that they are willing to come to a discussion and demonstrate significant commitment that they will do something “to resolve the issue to the board’s satisfaction.”

This action is the first known cease and desist by a Board of Health in the USA.

News Articles

 

Additional Resources 

Pittsfield MA Expert Forum on Cell Tower Cease-and-Desist Order: With Senator Denise Ricciardi, NH; Dr. Paul Héroux; Dr. Magda Havas; Dr. Kent Chamberlin; Dr. Sharon Goldberg, Environmental Health Trust  Director Theodora Scarato; Attorney Robert Berg; Attorney Scott McCollough.

March 28, 2022 Pittsfield MA Expert Forum on Cell Tower Radiation Five world-leading experts join Courtney Gilardi in Pittsfield, MA in support of their Board of Health’s decision to issue a cease and desist order to Verizon for the cell tower making children and adults sick, and pollinators disappear.

 

Throughout the year, Verizon has contended that the tower radiation emissions were “compliant with FCC cell tower radiation limits.” However, community advocates and experts repeatedly presented evidence that compliance with FCC limits did not mean safety was assured.  In August 2020, the United States Court of Appeals for the District of Columbia Circuit ruled in the case EHT et al. v. the FCC that the FCC had violated the Administrative Procedures Act when the agency decided not to update its 1996 wireless radiation limits. Specifically, the court found the FCC had ignored submitted evidence of people injured by wireless radiation, health effects from long term exposure and children’s unique vulnerability.  

“We are finding cases like this across the U.S., where residents living near cell towers are reporting a variety of health issues,” said Devra Davis, epidemiologist and toxicologist as well as president of the Environmental Health Trust. Davis has presented findings before Congress on the dangers of wireless radiation. She was also instrumental in having smoking banned from planes and she was part of a Nobel Peace Prize team on climate change. “The Pittsfield Council, board of health and residents have taken a bold, courageous stand. Now it is time for Verizon to listen,” Davis added. She also noted that in many communities there are plans to locate towers on school grounds. “Children are particularly vulnerable to wireless radiation and I am very concerned about the future health and safety of our communities as more towers are built,” said Davis. 

 

A cell tower was removed in Tarrytown New York after residents protested placement near a public housing complex and playground. In Dewey Beach, Delaware Verizon agreed to relocate beachfront cell towers after residents filed a lawsuit and founded the Save Dewey Beach Foundation. Ocean City Maryland and Montego Bay are in lawsuits regarding their restrictions on small cell tower installations. EHT has a list of communities enacting ordinances to limit wireless facilities in and near residential areas and prohibit cell towers near schools. 

 

For more information on the Environmental Health Trust, visit www.ehtrust.org.