Wayne County Circuit Court Judge Adel Harb granted T-Mobile and Wyandotte Public Schools’ motion to dismiss the suit against the 5G cell tower atop Washington Elementary School. Parent and attorney Josh Castmore said the parent group will appeal and will file a motion for an injunction.
Parent group plans to appeal
By SUE SUCHYTA
Sunday Times Newspapers
WYANDOTTE – Wayne County Circuit Court Judge Adel Harb granted both T-Mobile and Wyandotte Public Schools’ motion to dismiss a lawsuit to prevent the activation of a 5G cell tower atop Washington Elementary School. The city is expected to file a similar motion.
Attorney and parent group advocate Josh Castmore said that while the decision is disappointing, the group will consider its strategy, which includes filing a motion to stay the operation of the cell tower pending an appeal.
“We would be asking the court to prohibit the tower from being activated while our appeal is pending,” Castmore said. “Obviously, there is a lot to discuss as far as that goes, but I can tell you that I’m personally not giving up.”
He said that while the judge’s decision was “a punch to the gut,” he vehemently disagrees with the legal decision.
“I can’t think of a single thing that I would have done differently,” he said to other affected parents. “My family is in the same boat as yours, and I feel absolutely sick over this.”
A parent joked on the online forum about their back-to-school supplies including tools to take down the tower themselves.
Others were frustrated about the apparent need for health problems from the cell tower to develop before judicial relief can be granted.
Some parents have exercised an option to transfer their children to Garfield, Jefferson and Monroe elementary schools, while others have opted for parochial, charter and schools of choice in other communities.
Castmore said the tower will not be activated before Sept. 15, which gives the parent group time to file an appeal and have its motion for an injunction heard.
He said that many parents believe that removing their students from Washington Elementary School is the most effective message that parents can send to the school district.
State Rep. James DeSana (R-29th District) introduced House Bill 4499 on May 2, which would prohibit the construction and placement of certain types of antennas on public school buildings, rooftops or adjacent structures. The bill is currently sitting in committee.