Judge Grants Restraining Order for T-Mobile Cell Tower on Elementary School Amidst Opposition Regarding Health Effects

A Wayne County Michigan Circuit Court judge has granted a motion for a temporary restraining order that will delay activation of a controversial T-Mobile 5G cell tower installed on the smokestack of a Wyandotte elementary school after a lawsuit filed by residents who live nearby. Wyandotte Michigan parents have been successfully protesting the installation of 5G cell antennas on their children’s elementary school due to the issue of health effects from the cell tower radiation resulting in near daily news coverage. The superintendent resigned amidst the controversy.

The lawsuit detailed the stated, “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.

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

During an online forum in March, Theodora Scarato, executive director of Environmental Health Trust, said the current FCC guidelines are “based on science that had to do with small animals exposed to high intense amounts in a very short amount of time.” She added: “There were not designed to address biological effects or effects from long-term exposures. And they were not set to consider children’s vulnerability to wireless radiation. They are more sensitive.”

Scarato pointed to the numerous published studies that have associated cell tower radiation with harmful effects including cancer and biochemical changes in blood.

She pointed out that 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)

Download EHT’s factsheet on children, cell towers and wireless radiation health effects here.

Download EHT’s briefing on Legal and liability issues of 5G and cell towers.

Major News Reports

Judge issues restraining order to delay activation of cell tower in Wyandotte – The News Herald

Judge: Wyandotte school cannot turn on controversial 5G tower while lawsuit proceeds

Cellphone towers at Detroit public schools raise concerns among parents

Youtube

Are Cell Towers safe on schools?

5G tower on Wyandotte school leads to push to change laws FOX 2 Detroit

Detroit parents call for tests to determine radiation exposure from cell antennas on schools WXYZ.com

Superintendent resigns in Michigan district amid dispute over cellphone tower at elementary | American School & University

Wyandotte superintendent: It would cost ‘millions’ to break cell tower contract WXYZ