Safe Tech for Schools Maryland: 12/2015 Lawsuit Headed to Trial For Student With Wi-Fi Sensitivity in Massachusetts School ADA Complaint

Update: A NEW amended complaint has been filed in the case of the boy who developed a debilitating sensitivity to the Wi-Fi networks in a private Massachusetts school.

After a scheduling conference was held Wednesday in U.S. District Court in Worcester, the case is set to go to trial on Aug. 8 before District Judge Timothy S. Hillman, according to court records. Read more on the court date here.

"Instead of working with the parents in a constructive way to solve the problem caused by its Wi-Fi emissions and the resulting symptoms suffered by G at Fay, Fay has engaged is a series of hostile actions toward G and his parents. Fay has refused to make any meaningful accommodations for or provide any meaningful assistance to G."

Background
After more robust School Wi-Fi was installed in Spring 2013, a 12 year old boy started to experience troubling symptoms, which he reported to his parents when he came home from school. These included severe headaches, itchy skin, and rashes. The school nurse indicated that various children in the same classes were reporting increased headaches, dizziness, nausea and chest pressure. The symptoms were present whenever he was at school. In August 2015 the parents filed a federal complaint stating that the school has failed to provide reasonable accommodations for the child as required by the ADA. Read more about the initial complaint here.

What does the Amended Complaint State?

The complaint details that the Fay School has engaged in a series of hostile actions toward the boy and his parents. It states the Fay School:

Refused to make any meaningful accommodations.
Refused to allow him to be on the Fay campus for any reason, including athletics.
Refused to consider the medical evidence submitted by the parents .
Ignored the evidence that G’s symptoms occur only at Fay.
Refused to meet with the parents and their computer experts over the summer of 2015.
Banned G’s parents from speaking with the teachers and staff at Fay.
Threatened G’s Mother that, if she used the Fay email system to discuss this.
Threatening to dismiss him from school if they speak to his teachers about this.
Repeatedly demanded that G take drugs to mask but not cure his symptoms despite the serious side effects of those drugs.
Demanded that G and his parents submit to examinations by doctors of Fay’s choosing even though those doctors stated openly at the outset that they do not believe that Wi-Fi can cause the symptoms G has suffered.
Forced the boy to submit to a humiliating psychological examination even though he has never manifested any symptoms of any psychological problem.

In short.

The Complaint states that Fay School is not taking action to accommodate the boy despite the parents offering to pay for such accommodations. The boy was so sick that he could not continue at school and now has a home tutor. However, the Complaint states that Fay has also refused to allow the student to come onto the campus for any reason at all, even if it would involve activities that did not expose him to Wi-Fi. The situation for the boy is made more difficult by schools refusal to fully coordinate with the tutor and homeschooling studies.

Were measurements done at the school?

The student went to his classes over several days carrying a dosimeter device in one of his pockets. This allowed measurement of the WiFi emissions making contact with his body since the dosimeter was next to his body, in a pocket.The Dosimeter records the Wi-Fi exposure on an on-going basis throughout the day so that, at the end of any day, its measurements can be reviewed to determine what the rate and intensity of the Wi-Fi emissions. The readings revealed that at certain times of the school day, the Wi-Fi emission readings were very low and at other times of the day they were very high

What did Fay School do after learning of the measurements?

According to the complaint, they forbade the student from bringing the dosimeter to school ever again, threatening to dismiss him from school if he did so.

Where is the boy being educated?
"Because Fay has not made any meaningful adjustments to its Wi-Fi system or even cooperated in determining how to do so, G’s symptoms while at Fay have worsened to the point that frequently he can no longer sit in the classrooms and must instead engage in home study of the Fay curriculum."

The boy’s symptoms have worsened to the point where he could not stay in classrooms but had to stay at home with a tutor as of December 1, 2015. The Complaint states that the school did not make this easy. It also states the Fay School has refused to allow the student to listen in to the classes nor do the teachers communicate with the tutor about the daily lesson plans.

Download the Amended Complaint HERE.

Read about the initial complaint here in our August blog post.

Download letters from Doctors to the Fay School HERE.

Watch this Video: Dr. Maret Discusses Dosimeter

Radiation Readings From A School with WiFi

Could this be the Radiation Readings From the Fay School?