Children’s Health Defense (CHD) and a coalition of community and environmental groups advocating for safe technology on Monday sued Los Angeles County to overturn amendments adopted by the county in January that allow for the fast-tracked proliferation of wireless infrastructure without due process and without residents’ right to appeal.
The lawsuit, filed in the Los Angeles County Superior Court, alleges the amendments to title 16 and title 22 of the Los Angeles County Code violate the California Environmental Quality Act (CEQA) by exempting projects under the ordinances from CEQA review.
The lawsuit also contends the ordinances raise constitutional due process concerns in relation to wireless projects that directly affect local residents, who will suffer significant losses of personal and real property rights without the ability to contest.
“The ordinance is purposefully designed to create a back-room, tower permit rubber-stamp process that excludes the public and even nearby residents that will be directly affected and aggrieved,” said W. Scott McCollough, attorney for the plaintiffs.
“The ordinance does — and individual permit decisions will — entirely ignore the environmental and other effects on people. It will exacerbate, not solve, the digital divide.”
The plaintiffs petitioned the court for a temporary stay and restraining order and preliminary injunction, pending resolution of the lawsuit….