Wireless companies don’t have to make accommodations or changes to their practices under the Americans with Disabilities Act (ADA) — even when their towers make people sick in their homes, a federal appeals court ruled.
The ruling came as a blow to plaintiff Henry “Hank” Allen, who alleged the radiofrequency (RF) radiation emitted by a cell tower installed next to his home triggered more than 15 episodes of atrial fibrillation.
Allen told The Defender the ruling confirms the “deeply troubling reality” that there is “no legal remedy for Americans being injured by wireless infrastructure.”
“Under the current interpretation of the ADA, people like me who are disabled by involuntary exposure to cell tower radiation are simply left behind,” Allen said. “In effect, the wireless industry has been given a license to harm and a ‘get out of jail free’ card. They can place harmful towers next to homes, schools, and businesses without consequences — even when people are getting sick.”
In late 2023, Allen sued Verizon and other companies involved in the operation of the tower, alleging Verizon’s tower triggered a slew of health symptoms, including life-threatening cardiac events, extreme fatigue, impaired memory and vision, sleep disruption and flu-like symptoms.
