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CHD Fights Verizon Wireless Over Pittsfield, MA Cell Tower That Is Making Locals Sick
- Case Details
- Case Summary
- Related Links
- STAGE 1 – Board Issues Cease-and-Desist Order Against Verizon Cell Tower
- STAGE 2 – Verizon Files Lawsuit Against Board in Attempt to Invalidate Cease-and-Desist Order
- STAGE 3 – CHD Files Motion to Intervene
- STAGE 4 – Board Withdraws Cease-and-Desist Order
- STAGE 5 – Residents Seek to Reinstate Cease-and-Desist Order Against Verizon
- STAGE 6 – Judge Rules Lawsuit Over Verizon Cell Tower Can Proceed
Case Details
Case Name: Courtney Giraldi et al. v. Linda Tyer as Mayor Pittsfield et al.
Court: Berkshire County Superior Court
Attorneys: Paul Revere, III and W. Scott McCollough
Case Summary
Lawyers working on behalf of Children’s Health Defense (CHD) filed a motion to intervene in the legal battle between the Pittsfield, Massachusetts Board of Health (Board) and Verizon over the telecom giant’s refusal to remove or relocate a cell tower that began making residents sick soon after it became operational in 2020. After conducting an exhaustive analysis, the Board issued and later rescinded a cease-and-desist order against Verizon; CHD-supported lawyers are seeking to reinstate the order.
Related Links
- Lawsuit Over Verizon Cell Tower Can Proceed, Judge Rules
- Locked in Battle With Verizon Over Cell Tower, Residents of Massachusetts Town Await Judge’s Decision
- Pittsfield Massachusetts Residents File Suit Over Verizon Cell Tower Injuries
- Massachusetts Town Gives Up Fight Against Verizon Cell Tower That Residents Allege Caused Illness
- CHD Supports Pittsfield, Mass. Residents Seeking to Intervene in Cell Tower Lawsuit Against Verizon
- Massachusetts Town Threatens Verizon With Cease-and-Desist Order Over Cell Tower
STAGE 1 – Board Issues Cease-and-Desist Order Against Verizon Cell Tower
Pittsfield’s Board of Health issued a cease-and-desist order on April 11, 2022 to shut down a Verizon cell tower after families living in the neighborhood near the tower reported health issues soon after the tower became operational in 2020. The Board, after conducting an exhaustive analysis of the science and medical records, and collecting testimony from renowned scientists, medical doctors and residents, found convincing evidence that wireless radiation is “bio-active and affects all living things over the long term.”
STAGE 2 – Verizon Files Lawsuit in Federal Court Against Board in Attempt to Invalidate Cease-and-Desist Order
On May 10, 2022, Verizon filed a complaint in federal court seeking to invalidate the cease-and-desist order issued by the Board of Health, arguing the Board of Health’s action was preempted by federal law.
STAGE 3 – CHD Files Motion to Intervene
On May 25, Lawyers on behalf of CHD representing Pittsfield residents filed a motion to intervene in the case filed by Verizon, which sought to invalidate the cease-and-desist order issued by the Pittsfield Board of Health.
STAGE 4 – Board Withdraws Cease-and-Desist Order
The Pittsfield Board of Health voted behind closed doors on June 1, 2022, to rescind its cease-and-desist order against Verizon. Board of Health Chair, Bobbie Orsi, stated that litigation was not the process that would help resolve the residents’ illnesses.
STAGE 5 – Residents Seek to Reinstate Cease-and-Desist Order Against Verizon
On Oct. 6, 2022, lawyers supported by CHD filed a motion to disqualify the law firm representing the board of health due to conflicts of interest as the City Solicitor (a managing partner of the firm) is a defendant in the case, and the firm has represented Verizon in the past. They also filed for default judgment after the defendants failed to respond to a complaint filed in July.
STAGE 6 – Judge Rules Lawsuit Over Verizon Cell Tower Can Proceed
The Defendants (City, Verizon, Board) filed a motion to dismiss the plaintiffs’ case on Dec. 19, 2022. At an April 6, 2023 hearing, Judge Francis E. Flannery of the Berkshire County Superior Court heard arguments for and against dismissing the case before ruling on June 8 that the case can proceed.
The court’s refusal to dismiss the case based on the defendants’ argument that all state law is preempted by federal law is significant. As a result, the plaintiffs will be allowed to present their remaining claims and pursue the request that the matter be sent back to the Board of Health so it can execute its state law duties to protect the residents’ health and safety.
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