Cellphone tower atop Wyandotte school to stay inactive another 2 weeks, judge rules

Detroit — A federal judge decided a new 5G T-Mobile cellular phone tower atop a Wyandotte elementary should remain idle for another 14 days as the judge decides whether a lawsuit filed by residents opposed to the tower should be heard in a federal or state court.

U.S. District Court Judge Mark Goldsmith ruled late Thursday to extend a temporary restraining order that prevents the telecommunications giant T-Mobile from activating the tower for the first time. The order remains in effect until June 30. It is the second 14-day ban a judge has ordered that has prevented the new tower from becoming activated. A Wayne County Circuit Court judge ordered the first 14-day restraining order on June 2.

T-Mobile is attempting to move the case to federal court because it contends the case deals with federal law regarding cellular technology. The lawsuit alleges the telecommunications giant duped the local school district and a city of Wyandotte engineer into issuing an illegal building permit and certificate of occupancy to build the wireless communications facility on top of Washington Elementary School.

The cell tower has sparked fierce resistance by a group of parents in the Downriver community who argue the cellular technology poses a potential health threat to the schoolchildren. Attorneys for T-Mobile pointed out in court Thursday the cellphone tower will emit radio frequency waves that are well below, about 5%, the acceptable level allowed by the Federal Communications Commission.

But the residents are relying on a network of critics that include academics and others who contend the federal regulation for cellphone tower emissions are outdated and more research is needed, especially the potential impact of radio frequencies on young children.

Three Wyandotte parents are suing T-Mobile, the Wyandotte school district, board of education, City Council, Mayor Robert Desana and former Superintendent Catherine Cost and more than a dozen other current and former city and district employees.

Goldsmith said he needed more time to determine if the case should remain in federal court or Wayne County Circuit Court, where the lawsuit was originally filed.

Josh Castmore, one of the parents who has spearheaded the effort to fight the cell tower, called the judge's decision Thursday "a huge win" in a Facebook post. Castmore, who has children who attend Washington Elementary, is one of the attorneys representing the residents.

Castmore said the parents have until Tuesday to file a motion to remand the case back to state court. T-Mobile will have until Thursday to respond and then the parents will have an option to file a reply by the end of next week. From there, Castmore said, the judge will decide if it goes back to Wayne County.

"Long story short, T-Mobile will not be able to activate the tower for a fairly considerable length of time," Castmore said in his post.

"Another battle won in what is sure to be a long war," he wrote.

laguilar@detroitnews.com