Western Springs Has Little Power To Fight Telecoms: Officials

WESTERN SPRINGS, IL — Some Western Springs residents want the village to require that 5G antennas be at least 200 feet from houses. But Village Board members are sticking to 100 feet. Even at that distance, they said, telecommunications companies have a lot of power to put the antennas where they want in utility rights-of-way.

This week, the board approved amendments to its code related to 5G antennas, or what the village calls "small cell wireless facilities." This has been a big issue in Western Springs and Hinsdale, with some residents fearing the health effects of the antennas' radio frequencies. In Western Springs, companies have filed applications believed to be related to 5G, but the village has found them deficient and incomplete.

In strong terms, Trustee James John argued against setting the limit at 200 feet, noting telecommunications firms have wide latitude over placement of equipment in rights-of-way. The village, he said, cannot dictate where the antennas go when state law allows their placement. And the village is barred from enacting blanket restrictions on the equipment, he said.

Yet John said numerous residents have told him they want a 200-foot setback. If that results in litigation, they have told the trustee the village should fight, he said. And some have promised to chip in by donating to the legal fund, he said.

"These telecommunications companies have deep pockets and swarms of lawyers, and Western Springs has neither," John said. "Even a small piece of litigation requires hundreds of thousands of dollars in legal fees prior to reaching any resolution."

John also said the village's insurance company would not reimburse for costs related to a village ordinance that clearly contradicted state and federal law.

Fighting such a lawsuit, he warned, would jeopardize other village services, resulting in more potholes, lower quality water and limited places for children to play.

The village's lawyer, Michael Jurusik, told the board that the village cannot adopt 5G regulations based on health concerns. Its regulatory power is limited to aesthetics, he said.

Trustee Nicole Chen said that in her neighborhood, she doubted 5G antennas could even be 100 feet away from houses.

John replied a 100-foot setback doesn't matter for 5G antennas because it was just a guideline.

"In reality, they can put them right in front of people's houses," he said. "In some instances, they will."

Trustee Heidi Rudolph said the village is doing the absolute best it could with the state and federal laws as they are. "We're trying to limit the quantity (of 5G antennas)," she said.

Village officials said Western Springs' guidelines would encourage companies to put the antennas on existing poles.

Unlike some past meetings, few people attended, likely because of the coronavirus. The village manager read letters encouraging the trustees to approve a 200-foot setback.