There’s No App For That: ‘Electrosensitive’ Activist Sues To Stop Neighbor’s iPhone Use (Update Jan. 14)
Update 4:44 pm, Jan. 14: Hi, HuffPo readers. Check out our follow-up to this story here.
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Regular SFR readers may remember the name Arthur Firstenberg. He’s the “electrosensitive” activist who has campaigned against wi-fi in public buildings and, more recently, against digital television broadcasts.
Firstenberg claims that the low-level electromagnetic radiation emitted by cell phones and other modern gadgets makes him, and others “sensitive” to radio waves, suffer terribly. The side-effects of exposure, he believes, include “nausea, vertigo, diarrhea, ringing in the ears, severe headaches and body aches, crippling joint pains, insomnia, impaired vision, impaired muscular control” and other ailments, some potentially deadly.
In the past, he has taken his case to City Hall, where he found a polite if unreceptive audience.
Now, Firstenberg wants a judge to stop his neighbor from using her iPhone, her wireless internet and her laptop charger, saying the radiation has forced him from his home.
He also wants $530,000 in damages, including $100,000 for pain and suffering.
The lawsuit was filed Jan. 4 at the First Judicial District Court in Santa Fe. Firstenberg’s attorney, Lindsay Lovejoy, Jr, is a graduate of Harvard and Yale, as well as a former Assistant New Mexico Assistant Attorney General who has argued cases alongside now-US Sen. Tom Udall, D-NM.
Read more about this bizarre lawsuit after the cut. We’ll update this post as we learn more.
Lovejoy did not immediately return a message left at his office.
Update 1:46 pm, Jan. 7: Lovejoy did not immediately return a second message—but he has been talking to KOAT, according to Melissa Vega, a reporter for that station. SFR just dropped by Firstenberg’s neighbor’s house, where Vega and a cameraman are parked outside, waiting for the woman to exit.
Vega says Lovejoy told her he wants the case to play out in court (rather than in the media, presumably).
Update 2:14 pm: SFR’s Zane Fischer points out that if the iPhone next door was bad for Firstenberg, that KOAT news truck must really be murder.
Update 3:21 pm, Jan. 8: Today, the Santa Fe New Mexican picked up this story. Firstenberg isn’t giving much to them, either, although Tom Sharpe takes care to note that Firstenberg is keeping his bedding in his car. Does that mean he’s living in it? Firstenberg (and his lawyer) haven’t returned SFR’s messages.
From a purely egotistical perspective, it’s annoying that the New Mexican didn’t credit SFR with finding this story first. Sure, it came from a public record, but respectable newspapers give that kind of credit to their competitors.
There’s a more serious problem with Sharpe’s story: It essentially takes Firstenberg’s claims about the existence of individual electrosensitivity—and the adverse health effects of casual exposure to wireless signals—at face value.
This is irresponsible: People could get scared for no good reason.
Which raises to one likely reason why Firstenberg and Lovejoy haven’t returned SFR’s calls: They know we’ll ask them to defend their outlandish claims.
As SFR reported last summer:
Not only do Firstenberg’s claims lack scientific backing, they don’t make logical sense. People complaining of DTV-related health problems “don’t understand the difference between digital and analog,” Dave Thomas, founder of New Mexicans for Science and Reason, says.
Perhaps, if the judge doesn’t dismiss his lawsuit immediately, actual scientists can be called to address Firstenberg’s claims in court.
In the meantime, Firstenberg ought to be asked how much money he’s made promoting his theory of electrosensitivity.
Update 9:35 am, Jan. 13: Firstenberg probably hasn’t made much money. He’s been getting disability payments for years (in part for his electrosensitivity) and, according to court documents, had been relying on his mother to purchase a home for him.
New and return visitors: Be sure to check out out the follow-up to this story in the print issue of SFR that hit the streets today.
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Here are JPEGs of Firstenbirg’s lawsuit. Click to enlarge.
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January 10th, 2010 at 12:10 pm
The claims of sufferers of ‘EMS’ are extremely dubious, at best. They do not have a scientific leg to stand on, so they attack the science. Oh, the industry is conspiring against us! Please. This quack may be college-educated, but obviously never studied physics.
While I realize posting links to Wikipedia doesn’t meet with academic standards, the sources referenced by this article are legitimate.
http://en.wikipedia.org/wiki/Electromagnetic_hypersensitivity
Click through a bit, read. Maybe learn a bit about EM radiation in general. Find that science is a learning process, and that the scientific consensus on this issue considers there to be NO evidence (I found the evidence concerning DOUBLE-BLIND STUDIES most interesting) that EM fields are even connected to the symptoms reported by EMS sufferers.
EM Radiation’s biological effects are still under study; however, if after nearly 90 years of human exposure to high energy EM radiation, there is no evidence for adverse reaction (other than being burned or heated by close proximity to a VERY high power transmitter, which is the principle on which microwave ovens operate).
So, if the plaintiff has PEER-REVIEWED REPRODUCIBLE EVIDENCE of their condition, it would be in their best interest to not only include it as a reference in their tort petition, but also to submit it to the local press. This hasn’t happened, because such evidence **DOES NOT EXIST!!**
How much money would this country save each year by not entertaining the delusions of hypochondriacs?
January 11th, 2010 at 10:13 am
The guy is claiming $430,000 for loss of property value, which is completely unreasonable. I’m sure that he’ll realize the fair market value of his property if/when he decides to sell it. He has to demonstrate it has lost its value, which is hasn’t — at least not because of the alleged EM radiation “problem”.
So, that leaves $100,000, which no rational judge would ever allow. As put forward by Skeptic, claims of “EMS” are dubious, at best. I’ll concede the possibity that exposure to extreme EM radiation may have an effect on human beings, but we’re talking many many orders of magnitude higher than that emitted by a cell phone, wireless router or dimmer switch.
Hopefully the judge is a rational individual and awards the Plaintiff the appropriate amount, i.e. $0.
The solution would appear to be for the Plaintiff to realize the value of his property by selling it and moving to a rural part of New Mexico where the risk of him being exposed to “extreme” EM radiation like he is where he’s currently living is much lower. I’m sure that $400,000+ would buy a nice hunk of land in the middle of nowhere.
January 11th, 2010 at 5:56 pm
“Lovejoy did not immediately return a second message.” Why not just transmit you query directly to the radio receiver in his head?
January 11th, 2010 at 6:48 pm
“Hopefully the judge is a rational individual and awards the Plaintiff the appropriate amount, i.e. $0.”
Hopefully, the award will be slightly less then that, i.e. $0 minus the defendants legal fees
January 11th, 2010 at 8:21 pm
[...] SFReeper.com here: Arthur Firstenberg. He’s the “electrosensitive” activist who has campaigned against wi-fi in [...]
January 11th, 2010 at 10:10 pm
Sounds like his neighbors ought to sue HIM for loss of property value. If I knew a nutjob like that lived next door to a house I was considering buying, leaving me open to endless nuisance lawsuits and who knows what else, I would immediately cross it off my list!
January 12th, 2010 at 12:53 am
[...] Klage, weil ein iPhone in der Nähe ist Arthur Firstenberg ist ein Mensch, der vor jeglicher Art von Strahlung Angst hat. Oder der Amerikaner ist ein Mensch, der einfach nur versucht mit kuriosen Klagen reich zu werden. Zumindest ist Firstenberg, der seine Nachbarin auf Schmerzensgeld und Schadensersatz verklagt, da sie rund um die Uhr ihr iPhone, das Wlan und das Laptop verwendet, kein unbeschriebenes Blatt. Firstenberg verlangt neben einer halben Million Dollar Schadensersatz, dass er nicht weiter durch die elektromagnetischen Felder der Geräte belästigt wird. Mehr zu dem Fall beim SFReeper. [...]
January 12th, 2010 at 7:48 am
[...] alt-paper SFreeper (which seems to have been on the story first) reports that attorney Lovejoy “is a graduate of [...]
January 12th, 2010 at 10:26 am
Sounds a lot like symptoms of old age. I think that affects everyone, eventually.
January 12th, 2010 at 7:19 pm
[...] via SFReeper.com— There’s No App For That: ‘Electrosensitive’ Activist Sues To Stop Neighbor’s…. [...]
January 15th, 2010 at 9:03 am
That is the most stupidest case ever it is not protected under American with disablies Act i know it because I am protected under ADA law and in fact if he want to be living somewhere where there no Wireless then move to the middle of NOWHERE and the next person living near u are about 18 miles away what i read sound like he the most Retarded person ever ugh people like him makes me sick
January 15th, 2010 at 9:14 am
I have the same problem both houses on each side have high power wireless. my wife found when using her computer it would come up with the two home owners name. just other other day we talked why are we so sick never had this symptoms before week after week. reading this i have mopst of this symptoms and found that i can here a low tone noise going up and down in my bathroom and driving me nuts. I shut off all power to my home to make sure it was not my home and the noise is still there. One home is a software salesman and has his whole home wired and the other just had his done by a company. this makes sence now We have been popping advile , and going to the bathroom big time. I cant even hear the TV my ears ring so bad.
January 15th, 2010 at 9:34 am
Wow. Even assuming that EMS is a real medical condition, most people who have sensitivities and allergies to things realize that the onus is on THEM to control THEIR OWN environment and not to try and make their community change to suit their own peculiar medical conditions. I’m not going to try to make restaurants stop serving cow milk or wheat products for my sake, or get after my neighbor for cooking steaks on his barbecue next door (the fumes make me feel sick, and I can’t eat red meat.) It isn’t very convenient, but it’s my body, and therefore not their problem, so I deal with it.
I just don’t get this entitlement attitude that people have. This guy need to go move out to the boonies, and if he doesn’t want to, he needs to learn that he’ll just have to deal with the consequences of his lifestyle. I hope the judge throws the lawsuit paperwork into his face before telling him to pay the defendant’s lawyer fees.
January 15th, 2010 at 10:35 am
First of all, the plantiff trying to claim that he is protected under the ADA is actually a pretty reasonable argument. Basically everything is considered a disability in one way or another so in turn that makes this protected under the ADA. Secondly, this lawsuit is completely frivolous. The defendant has a right to keep her cell phone on, she could probably counter-sue for some rights protection or pain and suffering.
It is very sad that something as small as this would come into the publics notice. The defendant obviously has some sort of mental health issues and needs some sort of help.
January 15th, 2010 at 11:29 am
I love this case. It makes me miss living in Santa Fe more than I have in a long time. When my brother sent me this link I wanted to cry from laughing so hard. I wonder if Blu-Ray players send him into convulsions? Would Bluetooth give him nosebleeds? I don’t know what to say beyond Wow!
January 15th, 2010 at 11:42 am
The problem I see in this article is…..EMS subject hires high power attorney to persue his case. EMS subject now has prominent platform to vocalize his views on perhaps a national scale. High power attorney now has chance to get her name splashed accross national news. Perhaps even getting an interview with Katie Kouric. ANY inquiry to a judicial case, should always go through the attorney. BRILLIANT and bravo to both parties!
January 16th, 2010 at 12:59 am
How can this person even venture outside? The Sun in the sky is such a powerful emitter of broadband EM radiation that he would curl up in a fetal position if he were as sensitive as he claims. Also, don’t forget that the Earth is a GIANT ELECTRO-MAGNET by its very nature. If the EM’s are natural though, I bet that makes them ok?
January 16th, 2010 at 6:55 am
I suggest that those who dismiss electromagnetic sensitivity as nonsense should read some of the thousands of scientific papers which investigate the condition, its prevalence and its health impacts before they do so.
A small selection are to be found at http://www.foodsmatter.com/es/index_es.html
January 17th, 2010 at 8:59 pm
[...] Read Tagged as: arthur firstenberg, computers, draw-attention, electromagnetic radiation, ems, gadgets, keep-the-city, negative, neighbor, turn-off-her Leave a comment Comments (0) Trackbacks (0) ( subscribe to comments on this post ) [...]
January 18th, 2010 at 12:50 pm
@DOUGLAS DAU You have tinnitus, in all likelihood. Check with your doctor. There is no cure, as far as I know. I have it as well . .have had it for years. A lot of people do, including William Shatner. Even in the middle of the Utah canyon lands, where occasionally the wind blows but there is no other sound, my ears ring.
January 19th, 2010 at 5:51 pm
[...] Read | Permalink | Email this | Comments [...]
January 30th, 2010 at 6:54 pm
[...] In their latest caper, Arthur Firstenberg, the ringleader of the bunch, has sued an innocent neighbor for exposing his house to her cellphone rays. He might as well be accusing her of witchcraft. The [...]
February 12th, 2010 at 12:22 pm
[...] at last night’s City Council meeting. Mr. Bruno, along with Arthur Firstenberg (the man who is suing his Santa Fe neighbor for using a cell phone) led the unsuccessful attempt to ban wifi from the public library and City [...]
March 1st, 2010 at 7:59 pm
Arthur Firstenberg was attending Medical School, when he volunteered for 40 Dental X-Rays over a few week period. That’s about 39 X-Rays too many. He lost 50 pounds, his hair fell out and he suffered a heart attack.
His brilliant mind refuses to accept the fact that he did that to himself, and he has since blamed cell phones and Radar for his supposed, never demonstrated, sensitivity.
Before moving to Santa Fe, he fought the same battle in Sedona, AZ, and before that resided in Mendocino, CA where he was able to enlist the help of a dozen adherents that wore tinfoil hats, and prevented the installation of a cellphone tower for five years.
Before allowing this case to go to trial, Arthur should be required to demonstrate his sensitivity by having someone turn on a cellphone behind their back, and require Arthur to say “When,” when he senses it.
March 3rd, 2010 at 9:58 pm
It would be simple to determine if there’s any validity to this man’s claim. Simply do a controlled test of his claims.
March 17th, 2010 at 1:51 pm
[...] appointed First Judicial District Judge Sarah Singleton delayed ruling today on the much-publicized case of a local anti-wi-fi activist who sued his neighbor to stop her use of an iPhone and wireless [...]
March 23rd, 2010 at 1:15 pm
People. I have EMF. After exposure to mold, became very chemically sensitive
and then electro-sensitive.
AND I agree the lawusit is crazy. First, because it’s the norm to have an Iphone,
wi-fi, and there’s no loss of property value if the man sells his palce. And yes, there’s little to prove the case of those of us who are super-sensitive.
BUT I invite you to consider that the absurd lawsuit of this man, who according to
a previous post did himself in via X-rays does not mean electro-sensitivity is false.
Who knows how many suffering depression, fatigue, etc. could do a lot better if they
were able to move away from whatever cell phone tower, wi-fi system, etc. is affecting them.
What I am saying is that I know the burden of where to live, and how to deal with my
problems are my own (because I’m in such a minority). And Firstenberg is handlling this
in a tactless, provocative, and fruitless way, bound to provoke and irritate. But as the
world becomes ever more full of electro-smog…..yes, the earth has magnetic/electrical fields and so do human beings, which is exactly why we can be affected by them….you or you loved ones may be well served by paying attention to lowering cell phone usage, staying back a few feet from the TV screen, being aware of whether strong electrical fields are affecting you.
March 28th, 2010 at 8:16 pm
this kind of litigation would’ve credence around the beginning of cell phones and even though this seems sadly out of place today there’s a product that would cater to Arther firstenburg: it’s called Safeguard
http://www.antennabooster.net/safeguard/index.htm
This claim is just like Uri Geller who said he was psychic and the claim went away after Randi destroyed his “tricks”
If Uri Geller V. Randi Foundation was a court case it would be the nail to this guy’s coffin and i think even people living near a cellphone tower have to call BS on this Claim.
it could be a depression issue and if he isn’t clinically treated he might be worse just because he went on to share the blame on radiation.
and to those that are affected by this claim i have something similar and it’s called hyper sensitive hearing. If everything around me was causing me physical damage i would have no way to prove that i have my condition.
March 28th, 2010 at 9:51 pm
Any of you ems’s want to walk to the base of a 50,000 watt broadcast tower and tell me whether its on or off? Or is it the simple existence of the antenna that affects you?
And yes, I have tinitus, but I got it from too damn many rock concerts in the 60’s and 70’s!
March 29th, 2010 at 10:01 am
The FCC has already done studies and set power limits on all products that emit electromagnet energy. Just about anything that you can plug in has the FCC’s name on it. I can’t say if his problem is from RF or other issues. I do know that HE could tale personal responsibility by BLOCKING RF energy from entering his house by using product like WiFi blocking paint
http://www.computerweekly.com/Articles/2009/10/05/237974/wifi-blocking-paint-offers-network-security-say-researchers.htm .
There are other products out that do the same. Many theaters use these products so phone CAN’T ring during a performance.
The Myth Busters created a WiFi free zone. They made a cage out of insect screen to create an area devoid of rogue radio frequencies. Older home made of lath and plaster repel wireless signals. I know because I set up wireless internet everyday and for me it’s a problem.
So Mr. Firstenberg I suggest some new window screening and a paint job on the wall facing your neighbor. At least you’ll be ok in your own home and you’ll be taking personal responsibility for your disability instead of trying to pass it off on your neighbor. I imagine it would be more cost effective than getting Lawyers involved.
March 30th, 2010 at 8:39 am
Could you imagine what it must be costing Raphaela Monribot to defend herself? Both in financial and emotional. I wish I could find her to send $$.
March 30th, 2010 at 1:13 pm
[...] “It makes me miss living in Santa Fe more than I have in a long time,” one former resident wrote on a local newspaper blog. [...]
April 5th, 2010 at 8:36 pm
[...] Sarah Singleton has denied local “electrosensitive” activist Arthur Firstenberg’s demand for an injunction against his neighbor’s use of wi-fi and other home [...]
April 12th, 2010 at 6:58 am
[...] 2010) There’s No App for That: Electrosensitive activist sues to stop neighbors iPhone use [...]