Wi-Fi Lawsuit Against Portland Schools Dismissed by Federal Judge
by Helen Jung, published 20 July 2012 in The Oregonian
A federal judge on Friday dismissed a lawsuit seeking to force Portland Public Schools to remove Wi-Fi installations from its schools.
The lawsuit, filed last year by Southeast Portland parent David Mark Morrison, argued that Wi-Fi exposes children to unacceptable levels of radiation over prolonged periods of time and impacts their health.
But U.S. District Judge Michael Mosman found that the lawsuit, while aimed at Portland Public Schools, also challenges the safety standards set by the Federal Communications Commission. The radiation levels emitted by its Wi-Fi networks are below the limits established by the FCC, Portland Public Schools argued.
Mosman said the FCC, not his court, has the authority to consider such a challenge or change to its rules.
Morrison's attorney Shawn Abrell argued that the agency does not deal with issues in a timely manner. He also called the FCC "an agency so tied up with telecommunications companies, it's ineffective."
But Mosman said "that fact, if I accepted it as true, doesn't confer jurisdiction on me."
The judge did not address the merits of the lawsuit and did not rule on motions by both sides to strike the expert opinions of the opposing side.
Morrison said he intends to appeal the decision.
The lawsuit, filed last year by Southeast Portland parent David Mark Morrison, argued that Wi-Fi exposes children to unacceptable levels of radiation over prolonged periods of time and impacts their health.
But U.S. District Judge Michael Mosman found that the lawsuit, while aimed at Portland Public Schools, also challenges the safety standards set by the Federal Communications Commission. The radiation levels emitted by its Wi-Fi networks are below the limits established by the FCC, Portland Public Schools argued.
Mosman said the FCC, not his court, has the authority to consider such a challenge or change to its rules.
Morrison's attorney Shawn Abrell argued that the agency does not deal with issues in a timely manner. He also called the FCC "an agency so tied up with telecommunications companies, it's ineffective."
But Mosman said "that fact, if I accepted it as true, doesn't confer jurisdiction on me."
The judge did not address the merits of the lawsuit and did not rule on motions by both sides to strike the expert opinions of the opposing side.
Morrison said he intends to appeal the decision.
Extract from article in Iowa Source on Oregon lawsuit:
In Oregon, a parent launched a lawsuit against the Portland Public Schools to remove Wi-Fi in order to protect his child. One of the witnesses in this lawsuit is Dr. Barrie Trower, a physicist who has worked for the Defense Department in all aspects of microwave radiation technology. Trower testified that the Wi-Fi frequencies and radiation levels broadcast in the school are similar to those used as weapons during the Cold War. When the Soviets beamed RF into U.S. embassies, personnel experienced headaches, inability to concentrate, sleep disorders, and general behavioral impairment. Long-term effects included serious neurological disorders, cancer, depression, and other illnesses.
Another witness in the suit was David Carpenter, MD, Director of the Institute for Health and the Environment at the University at Albany, an expert in biological effects of RF. Dr. Carpenter stated that chronic RF exposure (such as all-day exposure to Wi-Fi at school) is more likely than short and intermittent exposure (such as with cell phones) to produce harmful health effects, especially at lower exposure levels.
Dr. Carpenter maintains that adverse health effects of RF radiation occur at several hundred thousand times below FCC guidelines, and that the Wi-Fi frequency used in the school, 2.45 GHz, is the most damaging to the body. This frequency, also used in microwave ovens, is resonant with water molecules and most absorbed by the brain.
This is a tragic end to this lawsuit. I have been trying to get the Clarkston Community Schools in Clarkston, MI to stop their foray into a desire to develop district wide Wi-Fi (including in the preschool).
ReplyDeleteGood luck with your fight. Please keep us posted. We here in Geneva are only at the stage of awareness-raising. Almost no one is receptive.
ReplyDeleteI have done almost 5 years of research on EMF/RF Microwave/Radio Frequency Radiation and believe it will come to be known, as the, "Achilles Heel" of the modern age. I began researching this topic after receiving a Wi-Fi router, as a Christmas gift from my husband. After having the device plugged in for only 3 weeks, I began experiencing horrible migraine headaches to the point of total misery; I couldn't get anything done, I could not think of anything else, but how awful my headache was - it was clear - I was having a problem and if I didn't get to the root of it, I was going to have to seek help... I began asking friends, if they could think of anything that would cause such intense migraines; they recommended I remove all chemical/toxins from my home, so I went on a rampage removing everything in my path... The only thing I kept was glassware, stainless steel pots/pans and vinegar & baking soda... I cleared-out ALL plastic ware from our home... I through-out all canned goods and went fresh/organic. Nothing was working, so that is when I really became desperate and determined to find out what was causing me to feel, so horrible. I started thinking hard. I starting thinking about what new products had been introduced into our home, since the holidays - Barbie, fishing pole, sports balls, etc. THEN- BINGO! I remembered the Wi-Fi box! I decided to unplug it, thinking I could always plug it back in, IF I was wrong! Before going to bed that evening, I unplugged the Wi-Fi and by morning, my headache was completely gone!!! I could hardly believe it! Just to be, absolutely sure, I plugged the router back in and w/ in a short time, my headache was back! The headache felt like an elephant came and sat on my forehead; the pressure was enormous and now, it was gone. I was, so shocked by how obvious the source of my pain was, I decided to find out what kind of energy the router used. I typed-in, "What kind of energy does a Wi-Fi Router use", on a search engine and EMF/RF Frequency Radiation came up! After reading several articles about it, I decided to look into other wireless devices that, also use this same kind of technology and I could NOT believe how many there were! 18 months earlier, we, unknowingly, had a Smart Meter affixed onto our home, which also uses pulsed microwave/radio frequency radiation; after , "connecting the dots", I was able to figure out that I was having other smaller, less painful symptoms, but thought it was due to getting older or maybe, even developing Diabetes, but all the tests I had done came up negative... Today, after almost 6 years of being exposed and tormented by these invisible, tasteless, silent, ACCUMULATIVE frequencies, I have become a, "EMF/RF Radiation Detector"- I can walk into any building and tell, if it has Wi-Fi by the way my head feels.. While I chose to rid my home of EVERY wireless device, the fact that our neighbors have, so many wireless devices has put us at a loss... We have become prisoners in our own home. Our symptoms range from: nausea, insomnia, severe migraines, heart palpitations, speech problems, bloody noses and severe chronic fatigue. I am mortified our federal government has even allowed such a life threatening device to be placed on the market and even worse affixed onto the schools where our country's school children spend, so much of their childhood... Someone is going to answer for this one day, I am sure...
ReplyDeleteYour testimony is greatly appreciated. Wi-Fi seems to bother me too although not to the extent it affects you. It causes a feeling of pressure inside my head. It is everywhere here in Geneva: neighbors' apartments, public areas, hotels, hospitals, libraries, and soon - schools. None of my friends and only a few family members believe it is harmful because it is "invisible, tasteless, silent" as you say. The federal government in Switzerland will be setting up a plan to measure electrosmog however it is feared it will be tailored in such a way as to show EMF levels below limit values from mobile phone antennas. They do acknowledge that levels from Wi-Fi, mobile and cordless phones, microwaves, and some home electrical items are higher, but will probably place the burden of responsibility on the individual. This means the Government will not take responsibility itself to reduce electrosmog levels. In fact, it wants to raise limit values in order to allow construction of more mobile phone antennas and towers because people are complaining the reception is poor for streaming their videos and data and other pleasures derived from their gadgets. In the end, no one will be held accountable. Health costs will soar. The numbers of people with cancer, diabetes, Alzheimer's, depression, ADHD, learning disabilities will increase, and the health authorities will continue to blame this on poor diet, alcohol, smoking, and lack of exercise: once again, placing the responsibility on the individual.
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