Judge rules against Wi-Fi opponent

Robert Nott | The New Mexican
Posted: Thursday, September 06, 2012 - 9/6/12

Santa Fe resident Arthur Firstenberg has been arguing for at least a decade that electromagnetic radiation emitting from such equipment as cellphones, smartphones, smart meters and wireless routers can microwave the brain and cause illness and suffering.

Last Friday, he lost in court when state District judge Sara Singleton ruled that Firstenberg cannot discern the “effects of anxiety caused by a testing situation or of the presence of electromagnetic stimulus” or “reliably detect the presence or absence of electromagnetic stimulus.”

But the judge did order that Firstenberg can continue to try to prove that he has been damaged.

The order came after more than two-and-a-half years of legal wrangling over the issue after Firstenberg sued neighbor Raphaela Monribot and her landlord, Robin Leith, in January 2010 over the use of such electronic equipment at Monribot’s west-side home.

Singleton disallowed testimony at trial about any testing of Firstenberg for symptoms related to electromagnetic exposure after Firstenberg refused to submit to a court-driven objective exam to test his sensitivity to wireless stimulus.

Firstenberg’s initial compliant stated that he began suffering “acutely from the effects of EMS” once Monribot moved into a Casados Street residence next to Firstenberg’s. Throughout the litigation Firstenberg detailed situations in which he suffered painful symptoms that he claimed were tied to Monribot’s use of electronics: “Whenever I returned home, even for a few minutes, I felt the same sickness in my chest and my health was set back for days,” he once stated. Eventually he move out of his home.

The defendants have countered that there could be other reasons for Firstenberg’s suffering and suggested through their attorneys that Firstenberg agree to “blinded provocation testing” in which they could prove whether his symptoms could be directly tied to their use — or nonuse — of electronic equipment, though as part of this exam they would not tell Firstenberg when they were exposing him to such testing.

Court records indicate that Firstenberg delayed this test due to his condition and ultimately noted, “he is unwilling to subject himself to such testing in order to prove his case.” The order notes that while Firstenberg continued to argue that he could not be tested, he willingly moved back into the house where he claimed he was being impacted by electromagnetic stimulus.

Firstenberg’s attorney, environmental lawyer Lindsay Lovejoy Jr., did not return a call seeking comment Thursday.

Christopher Graesler, attorney for Monribot, said Singleton’s order explains his clients’ position “really well.” He said the case will continue to go forward though all parties are waiting for the judge to consider his recent filing of a Daubert motion, which basically excludes any unqualified evidence from being considered.

Singleton also postponed a planned September nonjury trial in the case. Graesler said that’s because “there are too many issues in the air.” As for how long the case could drag on, he simply said, “It’s been a long time already.”

He said Monribot is no longer living in the state. He said he thinks Leith also lives out of state.

Firstenberg has long argued for a moratorium on cell towers in Santa Fe and once filed a federal lawsuit against AT&T in an effort to stop the company from upgrading the company’s cellphone systems.

Contact Robert Nott at 986-3021 or rnott@sfnewmexican.com

Judge rules against Wi-Fi opponent - The Santa Fe New Mexican