5G Suit? Western Springs Warned, Lawyer Says

WESTERN SPRINGS, IL – Western Springs is poised to settle with a wireless provider, with the company warning that it may sue the village, a lawyer said this week.

Last year, Houston-based Crown Castle, which works for Verizon, submitted a test application for a 5G antenna, to which many residents object.

In response, Western Springs listed what it perceived as numerous deficiencies in the proposal. Crown Castle objected, saying the village was exceeding its authority.

At Monday's Village Board meeting, village attorney Michael Marrs said Western Springs was prepared to allow some 5G antennas on ComEd poles or on new streetlights replacing current ones.

"It's kind of a settlement because what Crown Castle has said to us is 'if we can't reach an agreement on this, we're going to take you to court and we'll litigate all these issues,'" Marrs said.

In the end, Marrs said, the state and federal governments hold the power on 5G equipment.

"We ultimately can't say no," he said.

Towns have no right to regulate the health aspects of 5G antennas, including radio frequency emissions, Marrs said.

Joe Idaszak, who lives on Lawn Avenue, was among the residents urging the village to fight Crown Castle. He read the state constitution's preamble, which calls for the state to protect people's health, safety and welfare. He said the clause could be used to fight a case against a company such as Crown Castle.

However, village consultant Stu Chapman noted the federal government's authority.

"It would have to be pretty solid evidence that 5G equipment is a health hazard, and I don't know of any state that has brought up that type of challenge," Chapman said.

Crown Castle, which first proposed 5G equipment five years ago, is planning more than 30 antennas in the west part of town, Marrs said. Companies base such decisions on the number of smartphones and customers, he said.

"In wealthier communities like Western Springs, Hinsdale and Clarendon Hills, they are very interested in coming here," Marrs said. "They put it off for quite some time based on initial reactions."

He said AT&T may come around to Western Springs at some point, but T-Mobile has given no indication that it would.

The Village Board is expected to discuss the proposed settlement as early as its March 13 meeting, officials said.

5G is the next generation in cellphone technology.