For over a decade, Long Beach resident Moira Hahn suffered from debilitating migraines, cluster headaches, nausea, ear pain and vertigo. After seeing four neurologists, trying multiple coping strategies and taking various medications, she was left with no relief.
When she and her husband finally removed the WiFi from their home, as well as a cellular meter in the wall of her studio, suddenly her symptoms stopped, according to a written statement from her doctor.
On Tuesday night, 66-year-old Hahn—who is diagnosed with electromagnetic sensitivity—was denied an appeal by the City Council to stop an AT&T small cell wireless facility from being built on a street light in front of her home.
“The City’s attorneys refused to follow my doctor’s recommendations for accommodations,” Hahn said. “There are many accommodations we would have accepted, but the city did not consider them. We were forced out of our home and to use our retirement savings.”
Hahn’s doctor sent a letter to Long Beach Public Works, the City Clerk and AT&T Mobility detailing Hahn’s condition on Oct. 11.
The National Library of Medicine describes electromagnetic sensitivity as a clinical syndrome, stating that it can “induce changes in calcium signaling cascades, significant activation of free radical processes and overproduction of reactive oxygen species (ROS) in living cells as well as altered neurological and cognitive functions and disruption of the blood-brain barrier.”
The scientific community has not come to a consensus regarding electromagnetic sensitivity, and there are multiple theories and studies that still require peer review.
Hahn has been fighting the appeal since Feb. 2021, although the appeal only applies to the California Environmental Quality Act, leaving out concerns due to radiation and American Disability Act compliances.
“There have been other claims and disputes with the City but that’s not part of what’s in front of the council tonight,” City Manager Tim Modica explained.
Recommendations from City staff to deny the appeal cited chapter 15.34 of the Long Beach Municipal Code, saying “this appeal is limited to the CEQA determination for the project and does not pertain to the approval process.”
The same chapter, made to “regulate the establishment and operation of wireless facilities” also states that the City intends to “minimize the negative impacts” of wireless telecommunication facilities and “protect the health, safety and welfare of the City of Long Beach.”
Long Beach also approved a wireless ordinance in 2019, granting CEQA exemption “intended to cover most, if not nearly all, small cell wireless telecommunication permits,” according to a staff report.
Councilmember Suzie Price said she could not bring herself to agree with City staff’s recommendation, citing numerous residents who have expressed concerns to her regarding wireless facilities in the city.
“I’m asked all the time by our residents about 5G and I always tell them, ‘You have an appeal process,’” Price said. “But if someone with a medical condition is saying it’s impacting their quality of life and they have to move and she can’t get an appeal, then who can? There’s gotta be some room in the process for an actual appeal.”
City staff also cited section 1455 of the Telecommunications Act, which says that “local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”
“… If someone with a medical condition is saying it’s impacting their quality of life and they have to move and she can’t get an appeal, then who can?”
Councilmember Suzie Price
A dozen residents lined up for public comment to condemn the City’s consideration to deny Hahn’s appeal, pointing out that the light pole is not already an existing wireless tower, and therefore should not be subject to the Telecommunication Act.
“The idea that the City is completely hamstrung has been repeated by the City,” said Kathryn Pettit, legal representative for Hahn. “Local government still has authority over wireless communication facilities.”
Shivaun Cooney, a legal representative for AT&T, says the proposed wireless facility falls under the regulations set by the Federal Communications Commission and requested the council to deny Hahn’s appeal.
Councilmember Cindy Allen asked if another location for the wireless facility was considered. Long Beach Development Services Director Christopher Koontz replied that the location is not under review by the council, only the CEQA portion of the appeal is.
Resident Mark Hotchkiss expressed his frustration with the appeal process, pointing out that the appeal pertains to electromagnetic radiation, yet the council and appellants were not allowed to talk about the effects it would have on Hahn.
“I want clarification on why these appeals never seem to be successful,” said Councilmember Doug Supernaw. “Can we decide on a case and show compassion … I think that’s what’s at stake tonight. Hopefully tonight this will send a message.”
The City council had a 3-3 split decision on the hearing, denying Hahn’s appeal and approving the construction of the wireless facility adjacent to her home.
It seems citizens have almost no power against telecoms despite the health effects.
The city attorney spoke in error. The city council vote, a 3-3 tie, means that the motion (which was to deny our appeal) failed. A majority vote would have allowed the city to deny the appeal.
The minutes from the October 18, 2022 city council meeting were approved on November 15, 2022. The minutes state that the motion to deny our appeal failed.