Showing posts with label federal court. Show all posts
Showing posts with label federal court. Show all posts

Wednesday, January 14, 2015

It's Over!

Get the Cell Out - ATL was started in May 2011 
by just a few concerned parents simply walking 
their own neighborhood, talking with 
neighbors about the cell towers 
proposed for multiple schools 
across the county.  

We grew to an overwhelming outpouring of 
support when we hit an all time high of 75,000 voters 
who said "No" on a ballot referendum in July 2012 
when asked if they were in favor of 
"wireless telecommunications towers"
being placed on public school grounds.


Jan. 14, 2015:  Get the Cell Out - ATL has learned some news regarding our four year battle with T-mobile and our school system over the issue of cell phone towers that were approved for 9 schools back in July 2011.  


"The decision is important because it helps limit exemptions to zoning laws intended to protect neighborhoods from incompatible development," says County Commisioner Jeff Rader.

 "Governments (Federal, State, Local and Public Schools) retain this important prerogative, but it should only be exercised to directly advance their public mission, not simply to generate revenue."



We will have a statement on this issue in the coming days, but wanted to first get this information out to you as expeditiously as possible.  Dekalb County Commissioner Jeff Rader from District 2 has issued a press release, which can be read below, about the end to the six-way battle between the residents, the school board, the school administration, the county commissioners and the county CEO's office and, of course, T-mobile.  

Radar's statement was , unfortunately, not signed or dated. We believe it is legitimate, nonetheless.  But, we are still in the process of confirming its origin.  When we know more, we will post an  update on our website.  


Get the Cell Out - ATL was also informed just before the holidays by official sources that the school system's Superintendent Michael Thurmond reports that the contracts for all 9 of the schools originally slated for T Mobile cell towers "have been dropped."   As advised, we have waited until an "official announcement" before making any statements of our own, but we have remained on top of this issue and involved in the process as we have vowed to see it through to its conclusion.

Congratulations to everyone involved in every community who helped bring this subject to the forefront of their conversations and who held their elected officials accountable for their actions.   And thank you to every person involved in this fight and similar battles taking place across the country.  Your willingness to put yourself on the line in order to learn the truth and face skeptics should be an inspiration to others.  We would never been able to stand up to the "system" here if there were not success stories of others who had faced the same Goliath, and won their battle before ours.      


We appreciate Commissioner Jeff Rader , Commissioner Kathie Gannon and the entire DeKalb County Board of Commissioners for stepping up and taking on this fight against T Mobile while upholding the zoning code in our communities. 




If you have not educated yourself about the many adverse effects that have been documented about cell phone towers, please look over the many sources available on our website or email us with your questions.  A good source of information can also be found at the Center for Safer Wireless.

www.GETtheCELLoutATL.org

sayno2celltowers@yahoo.com

We also encourage everyone to thoroughly read the new zoning ordinance as suggested by Commissioner Rader and voice any feedback to the county commissioners and CEO's office as soon as possible. 

                                ---  Get the Cell Out - ATL


Now,  here is the statement from Jeff Rader's office:


Cell-phone Tower Update

One of the most pervasive signs of our mobile communications society is the proliferation of cell phone towers across the landscape.  In DeKalb, the mobile communications revolution occurred after the widespread development of the landscape, so the infill installation of these structures has been perceived as intrusive in many residential neighborhoods.  One recent decision and one pending regulation are relevant and noteworthy.

The recent noteworthy decision is the dismissal of a suit against DeKalb County by T-Mobile, a cellular provider.  T-Mobile had sued DeKalb seeking a building permit for structures on two DeKalb County School System (DCSS) properties in District 2: Lakeside High School and Margaret Harris Comprehensive School.  T Mobile had entered into a contract with DCSS seeking to invoke DCSS’s exemption from zoning regulation to erect the towers in residential districts where they are otherwise prohibited.  Encouraged by the DeKalb Board of Commissioners, the DeKalb County Administration declined to recognize the requested permits as exempt from zoning since the cell towers were not educational facilities.  T-Mobile sued, but canceled their contract with DCSS after the Federal Courts ruled in favor of DeKalb. T-Mobile also paid DeKalb County court costs incurred in our defense.  


Regardless of any bad publicity you may have heard about our county commissioners, 
they at least did the right thing for the communities they serve when they all signed a 
letter to the CEO's office, advising that any attempt to gain an "administrative permit"
instead of using the proper channels should be denied and our county's zoning ordinances 
should be upheld. 
The decision is important because it helps limit exemptions to zoning laws intended to protect neighborhoods from incompatible development.  Governments (Federal, State, Local and Public Schools) retain this important prerogative, but it should only be exercised to directly advance their public mission, not simply to generate revenue.

The pending decision on the regulation of cell towers is in our new zoning ordinance, which will soon be considered by the Board of Commissioners.  After considerable public input and a thorough investigation of relevant federal legislation, the current proposal would allow cellular antennas within or attached to nonresidential structures legally permitted in single-family neighborhoods.  These would include houses of worship or other institutions that are legally permitted to be of sufficient height to make a cellular antenna attractive to a carrier.  The new proposal would not allow the cell towers that were the object of the T-Mobile controversy.

The proposed policy turns on the inherent incompatibility of a free-standing antenna with a surrounding single family neighborhood, and not on the concerns that some citizens have about the radio waves generated by the antenna.  This is important because federal communications regulations prohibit local regulation of cellular antennas based on radio wave concerns.    We convened citizen stakeholders interested in this issue recently, who made suggestion on refining the policy for adoption.  

The new zoning ordinance can be found online at http://planningdekalb.net/wp-content/uploads/2015/01/finalDraftZoningCodeJan20151.pdf 


The commissioner can be reached at:  www.commissionerrader.com  *jrader@dekalbcountyga.gov*

Friday, March 8, 2013

What the Judge Said... in Layman's Terms

In case you don't know legaleeze (the language of lawyers and judges in the court system today that sounds a little like English but reads like jibberish), we've translated the federal court ruling in the case of DeKalb's School System and Dr. Eugene Walker vs. the State of Georgia Board of Education and Gov. Nathan Deal. This version is in "regular" English. Note, we do not guarantee the accuracy of the translation. We are not attorneys. We simply did the best job we could to put it in layman's terms for our followers (and some school board members who may have needed help with it, too!)

Monday, March 4, 2013

Injunction DENIED, Restraining Order VACATED

Here is a brief excerpt from the federal order that came down just a few hours ago from Judge Story in the

federal court of the United States of America, today March 4, 2013:

The harm from the loss of accreditation to the School District and the resulting harm to the students in the district are profound. To permit the Board Members to continue to serve while their individual claims are resolved risks substantial consequences for the School District and its students. The Court finds that this risk of harm far outweighs the risks to the Board Members. Should Plaintiffs prevail, the Board Members can more nearly be made whole than can the students if the return of the members results in loss of accreditation.  

Based on the foregoing, the Court concludes that continued injunctive relief is not appropriate.   
Plaintiffs’ Amended Motion for Preliminary Case Injunction is DENIEDand the Restraining Order previously entered is VACATED.



To read the entire report on the federal court's denial, click here.