{"id":12101,"date":"2017-10-18T01:32:00","date_gmt":"2017-10-18T08:32:00","guid":{"rendered":"https:\/\/emrabc.ca\/?page_id=12101"},"modified":"2017-10-18T01:32:00","modified_gmt":"2017-10-18T08:32:00","slug":"wifi-lawsuits","status":"publish","type":"page","link":"https:\/\/emrabc.ca\/?page_id=12101","title":{"rendered":"WIFI Lawsuits"},"content":{"rendered":"
<\/div>\n
\n

Wi-Fi Hypersensitivity Case Goes Forward<\/h2>\n

Oct 13, 2017\u00a0\/ by\u00a0Alexis Kramer<\/p><\/div>\n

It\u2019s unclear whether someone can be allergic to Wi-Fi. But regardless of the lack of scientific consensus, a lawsuit over a child\u2019s alleged Wi-Fi sensitivities is moving forward.<\/p>\n

The parents of a 12-year-old child had sued a Massachusetts private school for allegedly failing to reasonably accommodate their child\u2019s condition\u2014electromagnetic hypersensitivity syndrome, or EHS.\u00a0 Because of this condition, the parents alleged, the school\u2019s Wi-Fi system gave plaintiff G headaches and nosebleeds, among other symptoms. \u00a0The parents said the school refused to provide G with a Wi-Fi-free classroom, let G listen to his classes remotely, or let him participate in athletic activities while on medical leave.<\/p>\n

A federal district court in Massachusetts\u00a0tossed<\/a>\u00a0four out of five claims against the school.\u00a0 According to the court, G failed to show he has a disability that the school could accommodate under the Americans With Disabilities Act\u2014due to a lack of evidence that the Wi-Fi indeed caused G\u2019s symptoms. The court also rejected G\u2019s contract, misrepresentation, and negligence claims.<\/p>\n

But the court let one claim go forward: that the school retaliated against G\u2019s family in violation of the ADA. The court said G sufficiently alleged that the school refused to let G participate in athletics and excluded his brother from an 8th grade graduation dinner, both a direct result of G\u2019s request for an accommodation.<\/p>\n

Although G\u2019s condition remains unproven, the court said the plaintiffs had brought their claim in good faith. \u201cEven if the Court were to assume that the Plaintiffs deluded themselves into believing that their son suffered from EHS as a result of their long-term general concerns about the safety of Wi-Fi, this does not preclude the likelihood that the ADA claims were made in good faith,\u201d the court said.<\/p>\n

By Alexis Kramer has been with Bloomberg BNA since 2014 and serves as a legal editor for the Electronic Commerce & Law Report. She holds a B.F.A. from Long Island University and a J.D. and M.A. in International Affairs from American University\u2019s Washington College of Law.\u00a0Follow Alexis on Twitter at\u00a0@alexis_s_kramer<\/a>.<\/p>\n

<\/em>https:\/\/www.bna.com\/wifi-hypersensitivity-case-b73014470818\/<\/span>
\n<\/em><\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Wi-Fi Hypersensitivity Case Goes Forward Oct 13, 2017\u00a0\/ by\u00a0Alexis Kramer It\u2019s unclear whether someone can be allergic to Wi-Fi. But regardless of the lack of scientific consensus, a lawsuit over a child\u2019s alleged Wi-Fi sensitivities is moving forward. The parents of a 12-year-old child had sued a Massachusetts private school for allegedly failing to reasonably […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5243,"menu_order":3,"comment_status":"open","ping_status":"open","template":"page-nosidebar.php","meta":{"footnotes":""},"class_list":["post-12101","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/pages\/12101","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/emrabc.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12101"}],"version-history":[{"count":1,"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/pages\/12101\/revisions"}],"predecessor-version":[{"id":12102,"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/pages\/12101\/revisions\/12102"}],"up":[{"embeddable":true,"href":"https:\/\/emrabc.ca\/index.php?rest_route=\/wp\/v2\/pages\/5243"}],"wp:attachment":[{"href":"https:\/\/emrabc.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}