December 12, 2023
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,