By Suzanne Burdick, Ph.D., childrenshealthdefense.org, 14 June 2023
“We absolutely feel vindicated,” said Courtney Gilardi, a Pittsfield resident and plaintiff in the lawsuit. “We’re real people who have real injuries who have been displaced from our homes and for this to be able to move forward — it does bring us hope.”
Gilardi’s 15-year-old daughter Amelia said:
“It is such a relief to be able to move forward. It has been scary waiting. There has been a lot of waiting, a lot of wondering, a lot of suspense. We’ve been asking for so long for someone to help us. We are all just praying we can go home soon.”
The ruling is the latest development in an ongoing legal battle between the defendants — including Verizon Wireless, its affiliate Pittsfield Cellular Telephone Company and City of Pittsfield officials — and the plaintiffs, who are represented by lawyers supported by Children’s Health Defense (CHD).
The defendants in December 2022 filed a motion to dismiss the plaintiffs’ case. Berkshire County Superior Court Judge Francis E. Flannery, at an April hearing, heard arguments for and against dismissing the case, before ruling on June 8 that the case can proceed.
Scott McCollough, CHD’s leading litigator for its electromagnetic radiation (EMR) cases and the lawyer representing the Pittsfield plaintiffs, called Judge Flannery’s decision a “win” for Pittsfield residents who have been suffering from numerous physical symptoms for more than two years since Verizon installed a 115-foot tower into their neighborhood.
“In legal terms,” McCollough said, “what the judge said is that we can go forward with the case but cannot seek a ruling that the mayor or the city attorney violated certain specific ethics rules and that those state law ethics violations alone justify reversal of the decision to rescind the show cause order.”
https://childrenshealthdefense.org/defender/pittsfield-verizon-cell-tower-lawsuit-proceeds/
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