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Worldwide Proclamations on Electromagnetic Sensitivity 

Dec 20, 2022

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U.S. Proclamations on Electromagnetic Sensitivity 

    • 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 a Verizon cell tower reported wireless radiation-related health issues soon after the tower became operational in 2020.  Seventeen people are reporting injuries linked to the radiation. After sending the Order, the situation became embroiled in a legal battle.

Other Cases for Accommodation in the United States

2021: A Los Angeles School District Teacher Can Move Forward With Wi-Fi Effects Lawsuit After A California Court Ruling That She Can Proceed With Her Case

  • In the majority opinion handed down in the case, Brown v. LAUSD (Appeal No. B294240), the Court of Appeal recognized that it doesn’t matter whether or not other courts in the United States have recognized “electromagnetic hypersensitivity” as a disability under the federal Americans with Disabilities Act (“ADA”) because JML Law’s client, Laurie Brown, has brought her case not under the ADA, but under FEHA, which is broader in scope. The Court of Appeal held that Brown sufficiently alleged that she suffered from a physical disability under the FEHA and that she sufficiently stated a cause of action for failure to accommodate, where she alleged that LAUSD refused to honor an accommodation which LAUSD had agreed to provide to Brown. The Court of Appeal stated that based on their reading of Brown’s First Amended Complaint, “LAUSD’s actions here do not align with those of an employer taking positive steps to accommodate the employee’s limitations.”
  • JML Law Wins Appeal in ‘Unprecedented’ Disability Case Against LAUSD For Failure to Accommodate Teacher With Electromagnetic Hypersensitivity
2014: US Resident Provided Accommodations in Housing Case Regarding “Smart” Water Meters: A resident provided a mechanical meter after filing in court and coming to an agreement with the water authority. In addition the neighbors of three adjacent properties also were provided free opt outs for the switch to mechanical meters. The legal filing  says that the Fair Housing Act prohibits discrimination based on disability.

2014: Los Angeles Unified School District Accommodated a Teacher Who Fell Ill After Wireless Installation.

On September 18, 2014, LAUSD, the second largest public school district in the US, officially accommodated a teacher by approving her request to have the Wi-Fi turned off in her classroom during the 2014-2015 school year and alternatively approving a reassignment to a different school site where Wi-Fi has yet to be installed.

Accommodation Proclamations Around the World

Peterborough, Canada Information Sheet to Accommodate Individuals With EHS

Peterborough Canada has an information sheet to help organizations accommodate individuals who have electromagnetic hypersensitivity. They recommend – among other things:

  • Temporarily disable City owned WAP devices.
  • Turn off or minimize fluorescent and LED.
  • Notify attendees to set mobile phones to airplane mode.

SYMPTOMS OF ELECTROMAGNETIC SENSITIVITY

Headaches, Sleeping Problems, Concentration and Memory problems, Nosebleeds, Extreme thirst, Bad allergies, Unexplained Skin rashes, Digestive Problems, Neurological problems Heart Palpitations, Strong Fatigue, Appetite Loss

DIAGNOSIS AND TREATMENT

Clinicians have developed assessment tools and clinical protocols to assess and treat patients.

Australia

2013, Court Ruling in McDonald and Comcare: The AAT ruling means McDonald will continue to be paid 75% of his salary, as compensation for his illness. Administrative filing, News coverage. 

Austria

The Austrian Medical Association has developed a guideline for differential diagnosis and treatment of health problems associated with outdoor and indoor electrosmog.

France

13 Plaintiffs Win: The Tribunal de Grand Instance of Bordeaux ordered in favor of 13 of the 206 plaintiffs who had initiated a lawsuit against the installation of the electric meter created by Enedis.

Spain

High Court of Madrid Ruling Recognizes “Electrosensitivity” as Grounds for Total Permanent Disability – Towards Better Health, 4th August 2016 Legal Ruling (in Spanish). In Spain there have been multiple judgments in favor of people disabled by EMF exposure.

United Kingdom

Education Health Care Plan (EHCP) awarded for child on the basis of Electromagnetic Hypersensitivity (EHS) (2022). Parents have now won a 5 year legal battle against 2 local authorities to have their child accommodated in school for EHS. They won in the Upper Tribunal, thus the ruling is also precedent setting. We believe this is the first case in the world where a government body is legally mandated to make low EMF educational provisions to accommodate a child with EHS

Early ill-health retirement’ and ‘Employment Support Allowance’ awarded on the basis of Electromagnetic Hypersensitivity(2022): Sally Burns, a 59 year old social worker successfully won her appeal for early ill-health retirement and will now receive full pension due to disabling Electromagnetic Hypersensitivity (EHS).

British Tribunal Case: Claimant was awarded Employment and Support Allowance under ESA Regulation 29 (Exceptional Circumstances); The Judge stated that “were it not for EMR the appellant would lead a normal life with little or no functional impairment”…..Considerations included the fact that the appellant would be unable to work in any ‘normal’ working environment indoors or outside- anywhere there was Wi-fi, mobile phones or mobile phone masts…” 

Scientific Research on EHS 

Learn about electromagnetic sensitivity here

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