CHD Files First in Series of Lawsuits Seeking Disability Accommodation for People Injured by RF Radiation from Cell Towers

For Immediate Release

Strategic cases pursue relief under Americans with Disabilities Act

Washington, D.C. – Children’s Health Defense’s (CHD) lead Electromagnetic Radiation (EMR) and Wireless litigator Scott W. McCollough filed a complaint today against Verizon and other wireless companies on behalf of disabled plaintiff Henry “Hank” Allen. The complaint, filed in the United States District Court for the District of Idaho Southern Division, is the first in a series of strategic cases seeking the removal or modification of cell towers in the vicinity of the homes of individuals disabled by radiofrequency (RF) radiation, in order to provide reasonable accommodation or modifications as required by the Americans with Disabilities Act (ADA).

According to the complaint, Mr. Allen has a disability as defined in the ADA. His condition is exacerbated by RF radiation emitted from cell towers. In 2014, while living in California, Mr. Allen was diagnosed with Electromagnetic Sensitivity (EMS). He moved with his family from California to rural Idaho in 2017 in order to minimize his RF radiation exposure. In April 2021, shortly after the Defendants turned on a new cell tower approximately 660 yards from his home, Mr. Allen’s health took a dramatic downturn.

According to the complaint, “In his own home Plaintiff lives and works in constant fear for his health and his very life, because Defendants’ RF radiation is ongoing, repeated and continuing as Defendants refuse to recognize the federal disability laws that would solve the conflict.”

The complaint alleges that the Defendants are attempting to circumvent federal disability laws — including the ADA — by operating cell towers and antennas in close proximity to individuals with disabilities despite research linking RF radiation exposure to worsening health conditions in this population and refusing to provide reasonable accommodation or modification.

“Hank is determined to not let the telecom companies do this to his family or yours,” said McCollough. “This is actually a civil rights case, offering a legal theory under the Americans with Disabilities Act. Federal courts must apply federal disability laws to protect people disabled by RF radiation coming from cell towers. If Hank’s case is successful, the court will either remove the tower, or otherwise order the telecom defendants to modify their operations in order to not so intensively beam RF radiation through Hank’s home so he can live in peace.”

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