Ordinances

  • Stop 5G Updates & Accommodations Request Letter
      1. ADA and FHAA Accommodations. Citing the Americans with Disabilities Act and Fair Housing Amendments Act to your municipality as a reason not to install antennas nearby has been recommended by lawyers if you can. The earlier you can make this request, the better, because requests beforehand are more likely to be addressed satisfactorily. If able, and even if you have an ordinance, send a letter requesting  in your vicinity zero close proximity antennas, including so-called "small cell facilities" and antennas attached to utility lines.  Kirstin Beatty, co-chair, has shared her letter (also at bottom below) to show how easy this can be. Add more: ask if officials can forward to any state utilities which may be renting space on utility poles to telcos. Send a copy to your attorney general as a complaint.
      2. Smart Meter ADA Accommodations. A sample letter for opting out of wireless meters is also available from ElectrosmogPrevention dot org (see "No smart meters campaign" > Legal > ADA Accommodations . . . ) for comparison.
      3. Boycott. On a personal level, please do what you can to minimize use of wireless services and, if possible, favor hard-wired services. When possible, minimize video and gaming which create greater infrastructure demands and lead to more installations.
      4. Stop work order. The Children's Health Defense Fund suggested using Covid19 as a reason to avoid telecommunications permits and construction with a stop work order. This may or may  not be possible with quarantines ending.

     

    Wireless Accommodations Request Letter Sent By Kirstin Beatty

    RE: Reasonable accommodation for my disability and medical conditions pertaining to cell towers, close proximity antenna installations, wireless devices, and WiFi in the City of Holyoke

    Under the Fair Housing Amendments Act and/or Title III of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973, and Title 10, in addition to other state and federal laws against discrimination, it is unlawful discrimination to deny a person with a disability a reasonable accommodation of policies, procedures, and activities, where necessary to avoid discrimination if such accommodation may be necessary to afford such person full enjoyment of the premises or equal access and/or participation in programs and services.

    I am a qualified individual with a disability and medical condition as defined by the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and Section 504, Title 10, as well as other related state and federal discrimination laws.

    Wireless exposures cause my disability and aggravates my other medical conditions. I am informing you, so that you can be sure to attend to accommodations and take due care to prevent any further harm to my health or rights of access.

    According to the Telecommunications Act of 1996, local governments cannot deny wireless infrastructure based on environmental health concerns. Local governments do, however, have some control over placement. Additionally, telecommunication providers clearly also have this control. Under the Americans with Disabilities Act, reasonable accommodations must be provided to prevent access barriers.

    Therefore, I want you to know that I need accommodations to allow continued travel throughout Holyoke, nearby towns, and for travel to the State House in Boston. I have noticed increasing difficulty with travel as wireless levels have risen over the past year. As result, I have tried to change my driving routes and have limited my travel to limit deleterious effects. However, I can’t go on indefinitely limiting my travel or changing driving routes – I must have some accommodation.

    Secondly, I am concerned about the exposures to my own residence, which sits near the major interstate 91 and is high enough on the side of Mt. Tom to receive many of the signals sent to the highway and sent from transmitters atop Mt. Tom. Clearly, direct exposures to my residence are also a problem. Therefore, not only do I need attention to where transmitters are placed, but if installations are permitted, then attention that these transmissions are not aimed at me, including my place of residence and where I spend time.

    Thirdly, I cannot attend or participate in many events, because of the use of WiFi or wireless devices. I must limit all of my activities so as to avoid wireless exposures. A third accommodation request is to limit use of wireless devices and WiFi in Holyoke municipal buildings and to request that others put devices into airplane mode.

    One of my accommodation requests for Holyoke local government is to deny all issuance of permits for new wireless infrastructure. I realize this may seem unreasonable, but I’d like to point out that wired infrastructure works and works well – and it is not as if wireless providers cannot afford to pay for wired infrastructure as profits are extreme. Also, Holyoke and nearby towns already have hundreds of antennas and towers which are not only adequate to the task, but excessive for telecommunications.

    Here is an additional list of accommodation requests:

    1) For Holyoke City Council and Holyoke Gas & Electric:  Please fully meter and account for energy costs of wireless infrastructure, rather than leaving this burden to taxpayers. If there are permits issued, please insure these transmit away from my residence and where I spend time. Please do not issue permits or rent utility or other poles for any new wireless infrastructure in Holyoke, in particular within a mile of my home as well as by:
    • Route 5,
    • near Interstate 91,
    • near the Holyoke Medical Center,
    • in residential areas,
    • at Ocean State Job Lot,
    • at the Stop & Shop grocery stores,
    • at the Holyoke Library,
    • at the Holyoke Post Office,
    • along Dwight Street,
    • by Holyoke Community College, and
    • en route to South Hadley or Easthampton via Route 141.
    2) Holyoke Gas & Electric: Please stop requiring an additional payment to read the meter, since in any case the reason for disabling the wireless emissions is my disability and it does not seem right to require a payment to avoid harm. Please also reinstall analog meters for the entire town, instead of adding to the levels of wireless radiation in homes and along streets with high-powered transmissions from the utility meters. I do notice these meters are a problem when walking, and I do not want to visit homes with these meters – these are an access barrier as well.
    3) Holyoke City Council: Please make an effort to cut wireless exposures and reduce exposures as much as possible, including at City Council meetings – please regularly request that visitors put cellphones in airplane mode so as to establish a habit of turning off transmissions, and please insure that microphones, filming equipment, etc., are all wired. Please also limit police use of transmitters, avoiding wireless surveillance devices for example.
    4) Holyoke Telecom [Gas & Electric]: Please limit use of hotspots by hard-wiring systems. If installing a fiberoptic system, please do so with respect to reducing transients, harmonics, and wireless emissions. For example, apparently fiberoptic connectors can leak excessively and be more of a problem than cable leakage – cable leakage is already a pretty bad problem, capable of causing interference with airplane systems. If relevant, please also make efforts to reduce dirty electricity, or transients and harmonics (see following number).
    5) Holyoke Gas & Electric: Dr. Sam Milham wrote an interesting book called Dirty Electricity which discussed his initial findings on dirty electricity, or transients and harmonics, on health, as well as discussing the problem of ground current. As a municipally-owned telecom and utility system, Holyoke could be a leader in reducing harmful electromagnetic exposures, thereby improving not just the lifetime of electronics, but the lifetime of people. As awareness and research continues to increase on this issue, action on this could also make Holyoke even more attractive to outside investment as well as to residents if Holyoke took preemptive action to reduce such exposures.
    6) Holyoke Waterworks: Please research how to change to an analog meter to gauge water usage.

    A benefit of heeding my accommodation request is reduced liability for all concerned. Although local and state governments have been told that environmental concerns cannot be considered with regard to permits, any use of municipal property for wireless communications subjects local governments to liability. Close proximity wireless infrastructure poses an even greater liability risk due to proximity to residences and businesses equating to higher exposures and likely greater harm.

    Environmental health risks of non-thermal radiation, including wireless, have been demonstrated in copious laboratory and epidemiological (statistical) research – the Bioinitiative has organized some sample studies, as has Dr. Joel Moskowitz online at SaferEMR dot com. At least one study, by the U.S. National Toxicological Program, indicates that higher levels of exposure increase health risks. Many peer-reviewed studies show harm resulting from wireless exposures. The great majority of scientists in the field accept biological effects are caused by exposure, and merely study rather than deny effects. Denial appears to exclusive to persons outside the field or to well-paid industry consultants, the latter such as described by journalists of Investigate Europe. To deny risks and fail to act is negligent in the extreme.

    I appreciate your prompt attention to this matter and look forward to any helpful response.

  • 4G & 5G Ordinances & Resolution

    We have been working on an ordinance, a very tiresome review, for Massachusetts modeled on existing ordinances in Massachusetts, California, New York, etc., and incorporated the maximum we thought possible. Yet, that is not the only hurdle - nothing will be adopted without public support. If you would like a copy of the current draft, let us know and please consider making a donation as a thank you.

    We finished a sample town resolution against 5G in early 2020, that may be useful.

    Not every ordinance drafted will work with the laws of every state. Every state has its own laws and requires some adaptation.

    Some states have taken away local zoning rights, including Arizona, Colorado, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, New Mexico, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Virginia.

    We are not reposting all of our prior ordinance information. Yet, help with sample ordinances remains available online from others, as follows:

    • 5G Free California - Hosted a great informational session and shared transcript on legal strategies, including valuable ordinance information called "Ask the Lawyers."
    • Scientists4WiredTech dot com - Many sample ordinances, mainly from CA, which seems to have the strongest ordinances - the group has posted many ideas;
    • NCSL dot org - Search 5G to find a list of relevant state legislation;
    • TelecomPowerGrab dot org  - a generic template which can be submitted and modified - though not all ideas are incorporated may be easy to use and a decent start;
    • MDsafeTech dot org - scroll down for a helpful PDF of a "few key additions" for ordinances, summaries, concepts;
    • EHtrust dot org - ordinance concepts, brief summaries;
    • Municipalities - look in the news for towns which have passed the most recent, strongest ordinances and check the city clerks' page for the Municode or city code to see the ordinance.

    Avoid the League of Cities or Verizon's model ordinances.

    In addition, a tree ordinance is recommended in conjunction, to prevent trees from being removed just for 4G and 5G antenna construction or improved transmission.

  • Tree Ordinances

     

    Trees are the beautiful lungs of the planet, and replacements of trees cut down usually fails to compare the breadth of the original tree or to forests.

    Here are a few sample ordinances to help you construct a tree ordinance:

    • Ordinance: Northampton, MA, has a shade tree ordinance and a public shade commission. Unless diseased, removal of significant trees — defined as trees with a minimum 20-inch diameter or specifically identified specimen trees — would have to be replaced following certain standards or money paid into a city account to fund new public shade trees.
    • 6-inch Permit Ordinance: Atlanta, GA, requires permits for removal of any tree on city-owned property, regardless of size, or any tree of 6 inches or greater diameter-at-breast-height (dbh) on private property. More info online.
    • Nice Idea for Awards: Charlotte, NC, also an​nually presents Charlotte's Crown Tree Awards to recognize excellence in tree preservation, tree planting, and tree advisory.
    • Tree Ordinance Guide
    • Much more exists online regarding sample ordinances.

     

  • Cellphone Warning Ordinance

    In US Supreme Court, Berkeley, CA, won and affirmed the right to share the corporation's warnings as stated in the cellphone manual.

    Copy the text of the Berkeley ordinance, as follows, exactly if you wish to avoid any other challenges:

    The (town, city or county) of ______________ requires that you be provided the following notice:

    "To assure safety, the Federal Government requires that cell phones meet radio-frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal safety guidelines for exposure to RF radiation.

    "Refer to the instructions in your phone or user manual for information about how to use your phone safely."