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Lawsuit Oral Arguments
June 17 @ 2:00 pm - 5:00 pm
Hearing starts at 2 p.m. ET, but there could be other cases heard ahead of Pittsfield’s; please be patient and always courteous…
Court Asked to Free Pittsfield Board of Health
to Protect Injured Children and Adults
The case hightlights:
Verizon turned on a cell tower atop Shacktown neighborhood in Pittsfield, MA.
At least 17 children and adults were injured.
Board of Health investigated and determined their homes are uninhabitable.
The Board of Health consulted with the Massachusetts Association of Health Boards’ attorneys who believe the Board of Health is not pre-empted by the Telecommunications Act of 1996. They believe that the TCA only applies to the siting of wireless communication facilities. Once operating in the community, it is the jurisdiction of the Board of Healthto ensure the well-being of the citizens and the environment.
Board of Health issued the above Emergency Order asking Verizon to come to the table and discuss solutions.
Verizon instead went to federal court and sued the City of Pittsfield.
Pittsfield’s former Mayor Linda Tyer and City Council denied the Board of Health the funding needed to fight Verizon in court; the Board of Health was bullied into rescinding the Emergency order.
McCollough Law Firm intervened on behalf of eight of the residents (plaintiffs). The only way to object to the rescission of an Emergency Order in the Commonwealth of Massachusetts is to sue, which is precisely what Scott McCollough did. He will be giving oral arguments on Monday.
Zoom into the Court Hearing
The public is encouraged to attend to show support. The Berkshire Superior Court hearing starts Monday, June 17 at 2 p.m.ET, but there could be other cases heard ahead of Pittsfield’s; please be patient and ever courteous…
Listen in with camera and microphone muted.
Zoom: https://zoom.us/join (or dial in: 877-927-7415)
Meeting ID: 1604743986
Code (if requested): 3419308#