Get your yellow lawn signs out again...

[lilly]

TMobile filed an appeal of the TofH Zoning Board decision to deny a permit for cell towers on the FWJC.

Someone correct me if I'm wrong, but it is being appealed to a federal circuit court?

Anyhoo, time to get the yellow lawn signs out again.

[Chris_Wendt]

Lilly, where did you hear about this appeal and about it going before the Federal Court?

That would be a significant turn of events, if true.

Chris Wendt

[sadpharmd]

It's true. Pam Naughton sent an email about late last week.

[Chris_Wendt]

Do you know what is the basis of their Federal appeal?
Commerce Clause?
Contracts Clause?
Other basis?
Are they suing the ToH for damages at the same time?

Thanks

Chris

[lilly]

Don't know details. All I know is Eastern Court, town has attorneys on it.

[bradnanita]

Maybe they are suing to protect the health of their customers. The recent Newsday cover story has exposed something that too many people want to hide (or maybe just do not understand), that is, that if there is any real danger from cell phone radiation it is from the cell phones themselves, not the towers. T-Mobile knows, as do others with the appropriate knowledge, that skimping on cell tower capacity will increase the radiation from the hand held phones, and thereby increase the health risk to their customers. We are not T-Mobile users, so this won't affect us, but there are T-Mobile users in the area who will suffer increased health risk as T-Mobile's ability to serve its customers deteriorates and the phones they have put out more radiation to compensate. Any T-Mobile customer who opposes the proposed tower is putting his or her health at greater risk than it would otherwise be. Of course, today it is T-Mobile customers, but tomorrow it could be any of us that this irrational fear of cell towers will be placing in greater danger of the possible ill effects of RF radiation.