WYANDOTTE, Mich. (WXYZ) — Wyandotte parents are taking legal action against school board members and the mayor over a cellphone tower on top of Washington Elementary School.
The tower belongs to T-Mobile and the construction of it was approved back in 2018. The acting superintendent when the agreement was approved, Catherine Cost, resigned back in April after backlash.
Parents say because the health effects are unknown, they want the tower taken down.
The cell tower hasn't been activated since it was installed, but now thanks to a temporary restraining order, T-Mobile can't turn it on until a judge rules that it's OK to do so.
"This is not a fight that I am ever going to let go of," said Josh Castmore, who has two daughters at Washington elementary.
Castmore says parents have waged a war over this cell tower placed on top of the school, feeling like it was done under their noses.
Not only do his daughters attend school at Washington, but he's also a practicing attorney.
"Yesterday, we filed our lawsuit in Wayne County Circuit Court. We are seeking to have the cell tower removed and we are seeking money damages. I think ultimately, we'd be happy if the cell tower was just removed," he said.
The lawsuit filed on June 1 list a total of 22 defendants, from the district to the school board and even the mayor of Wyandotte.
One school board member, Frank Tarnowski, says he supported parents from day one and his views do not align with other members.
He told 7 Action News he plans to file a motion to remove his name from the lawsuit.
The three plaintiffs listed are all parents in the district with Castmore acting as co-counsel.
"I want people to hear us and know that our staff and our community are not pawns. You can't play with us and our safety," said Lisa Beck, a parent and plaintiff.
The board entered into the contract to build the cell phone tower back in 2018. T-Mobile agreed to pay the district $1,000 a month for the space.
Parents have spoken out and called it a money grab.
"We've tried to work with the school board, we've tried to work with the city, we've tried to work with the mayor and city council, and I think they are all sympathetic," Castmore said.
In a statement, interim Superintendent Carla Harting said in part: "The filing of a lawsuit represents a new chapter in the recent debate over the future of the tower. As with all litigation, this matter will be referred to school district legal counsel. "
Castmore said, "Unfortunately, we've been forced to deal with this ourselves, but the law is definitely on our side."
The temporary restraining order keeping that tower from being activated can only be in place for 14 days.
There is a hearing on June 12 where the defendants will be given the opportunity to present why the injunction shouldn't stay in place.
