UPDATE Despite T-Mobile’s assurances that a chimney-mounted cell tower does not pose a health risk, concerned parents have continued to press forward with a legal challenge. The equipment has already been placed atop the Washington Elementary School in Wyandotte, MI, but has not yet been activated. As Detroit News reports, parents are enthusiastic about the most recent ruling that will keep the matter in Wayne County Circuit Court.
T-Mobile had petitioned to move the case to federal court on the grounds that cellular technology is a federal matter. U.S. District Court Judge, Mark Goldsmith, disagreed stating, “This case does not necessarily raise any federal issue, thus requiring a remand to state court.”
The three parents who launched the lawsuit against the cell tower are represented by attorney Josh Castmore, who viewed the judge’s decision as a point in his plaintiffs’ favor. “This is another HUGE win for us,” he posted on Facebook.
The Wyandotte parents are suing T-Mobile, the Wyandotte school district and board of education, City Council, Mayor Robert Desana, former Superintendent Catherine Cost, and a handful of current and former city and district employees. They allege that the cell tower represents a health risk, though the position held by the World Health Organization is that there is no radiation danger present. The parents also believe that “they were tricked” into allowing the cell tower equipment to be placed on the rooftop.
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