Clear Wireless Lawsuit Dismissal Could Signal Change in Cell Tower Concept

A federal lawsuit filed against the city of Avon Lake by Clear Wireless was dismissed Feb. 11, and could indicate a change in the way cell technology is utilized.

“It came as a complete surprise,” Council President Greg Zilka said. “I’m not sure what they’re motivation was, but an article in the New York Times is indicating cell towers are no longer necessary.”

Attorney and Avon Lake resident Weldon Rice, a staunch opponent of a proposed 150-ft. cell tower, forwarded Zilka a copy of a Plain Dealer article essentially saying small cubes, the size and shape of a Rubik’s Cube, could be placed on non-tower sites and serve the same function, rendering cell towers obsolete.

Clear Wireless was hoping to put the tower in the rear of Learwood Plaza to improve cell reception and add 4G wireless service to the northeast quadrant of the city.

“They could put these cubes on various telephone poles,” Zilka said. Clear Wireless did not state a reason for the suit’s dismissal.

The dismissal was filed Feb. 11 in Cleveland’s U. S. District Court. Zilka was notified on Feb. 14 by Clear Wireless’ attorney Benjamin Ockner.

Although Clear Wireless still has an option to refile, Zilka noted the tone of an email from Ockner to Avon Lake Law Director William Kerner with the dismissal attached, indicated the matter was closed.

“It is true,” Ockner’s email said. “I just filed the attached (dismissal). It’s been a pleasure working with you Gentlemen.”

Two lawsuits, including a second filed by Clear Wireless against Avon Lake at the state level, stemmed from an Oct. 25 5-1 vote by City Council not to allow the tower, which would have been erected behind.

Since late last summer, dozens of residents of the Westwinds Subdivision, which would have had a clear view of the tower, flooded council chambers for months speaking out against the tower. Residents cited a host of concerns from health reasons to the dangers of the tower falling.

Councilman David Kos voted to allow the tower saying the city had already approved towers in other parts of town. Councilman Larry Meiners abstained from the vote.

The city had set aside $10,000 in defense funds. A final determination on how much money the city has spent was not yet available.