Verizon Wireless is suing a New Jersey town in order to install 5G utility poles along a popular stretch of the Jersey Shore amid fierce opposition from residents.
The telecommunications giant is accusing the Borough of Spring Lake of an “unreasonable delay and effective denial” of Verizon’s application for consent to install six 5G small cell utility poles along Ocean Avenue in a lawsuit filed in the U.S. District Court for the District of New Jersey on Nov. 8.
“The proposed [small wireless facilities] are necessary to remedy a significant gap in reliable wireless service and to meet demand for Personal Wireless Services and Telecommunications Services,” Verizon’s attorneys wrote.
The lawsuit claims that Spring Lake missed a “shot clock” deadline to reach a decision on Verizon’s application. It accuses the borough of violating federal law that prohibits state or local officials from “unreasonably discriminating” against wireless service providers in a way that limits their ability to provide service to the public.
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Verizon is asking the court for a declaratory judgment that Spring Lake’s “effective denial” of the application is unlawful and is petitioning for an injunction that would permit the company to move forward with installing the 5G utility poles.
However, locals are in uproar over the planned 35-foot structures, which they say would disrupt beach activities and threaten the environment, as well as be an unwanted eyesore on the beloved coastline. Verizon argues these utility poles are the “least intrusive means to remedy the significant gap in service.”
An activist group, Spring Lake Against 5G Towers, plans to intervene in the lawsuit on behalf of the borough. The group is represented by the Children’s Health Defense, a nonprofit led by former independent presidential candidate Robert F. Kennedy Jr.
“Intervening in the suit will give us party status in the litigation, allow us to file motions and discovery requests, and also allow our expert legal team to give the Borough the help they undoubtedly need,” Spring Lake Against 5G Towers said in a notice Wednesday. The notice came after a town council meeting on Tuesday evening, when the mayor and council members heard from residents.
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Councilwoman Syd Whalley told FOX Business there was “overwhelming opposition” to Verizon’s plan from residents who spoke during public comments. She said a final decision on Verizon’s application should come by mid-December.
W. Scott McCollough, counsel for Spring Lake Against 5G Towers, argued at the meeting that while federal law limits what local officials can do, they retain the authority to “assess whether these towers fit within the character of the area, the impact they have on public safety, and their effect on property values.”
“The federal law expressly retains local authority, especially when it comes to safety concerns and aesthetics. The key here is balancing federal requirements with the local interests of maintaining the unique character and economic vitality of Spring Lake. Local concerns, such as safety and the aesthetic integrity of the community, are absolutely within the scope of what can be considered by local authorities,” McCollough said at the meeting.
Kelley Badishkanian, who leads Spring Lake Against 5G Towers, said her group has gathered 126 letters of opposition from the community that reflect “the deep frustration and fear many feel about the impact these towers will have on our town.”
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“But it’s not just about property values. This is about protecting our way of life. Spring Lake is a tight-knit community with a rich history and a strong sense of identity. We cannot allow that identity to be compromised for a project that has not been shown to benefit us in any way. These towers are simply not compatible with the character of our town, and the community is unified in its objection,” she said.
When reached for comment, a representative for Verizon said its network improvements “provide crucial connectivity for customers and emergency service providers in the community.”
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“With consumers and businesses using increasing amounts of data each year, we continually enhance our network to meet the needs of homeowners, first responders and as vacationers in beach communities,” the spokesperson said.
“Our Company continually works to ensure we maintain compliance with all relevant and applicable Federal, State and local laws and procedures. That’s been the case from the beginning and that process continues today.”
