“There’s no such thing as a slam dunk...this is as close to a slam dunk as humanly possible,” said Henry Fehrmann’s attorney James Altman regarding a lawsuit filed against the City of Blue Ridge along with its mayor and city council.
Fehrmann filed the suit against the council and city for their refusal to accept an application for a building permit and refusal to discuss or permit Fehrmann to build a minimal tower on which he wishes to place a radio antenna. The tower and radio would be on his property at 18 Depot Street in downtown Blue Ridge.
Blue Ridge City Attorney Chuck Conerly stated, “Mr. Fehrmann is proposing to place a 60’ tower on property zoned residential in the City of Blue Ridge. As I understand it, Mr. Fehrmann is an amateur radio (HAM radio) enthusiast and plans to place a HAM radio antenna on the tower. The City’s zoning ordinance does not allow such towers in residential districts. Such towers are allowed in the City’s industrial district and as a conditional use in two of the City’s commercial districts. Mr. Fehrmann’s attorney contends that the City’s zoning ordinance is preempted by federal law, and he has filed suit in federal court seeking a declaratory judgment to that effect. The City disagrees with his position, and the City has until September 9 to respond to the lawsuit.”
Fehrmann filed suit in the Northern District of Georgia, Gainesville Division.
Fehrmann’s Amateur Radio license, which was issued by the Federal Communications Commission, authorizes him to own and operate an Amateur Radio station pursuant to the rules and regulations of the commission.
Amateur Radio serves the federal purpose of emergency communications in times of emergency and disaster. According to the law suit, “Amateur Radio has proven many, many times over the last 100 years to be the only means of communication to consistently survive disasters and be able to provide communications to local, state and federal governments as well as disaster relief services in the provision of disaster relief in the hours and days following disasters until normal communications can be restored.”
Radio Amateurs consists of volunteers, all of whom provide their own supplies and equipment, such as the tower and antenna Fehrmann wishes to install. Amateur Radio is non-commercial, meaning operators are prohibited from receiving anything of value or benefit for their services.
The Federal Communications Commission has decided to “exercise its preemptive authority over the state and local laws to require that local zoning authorities provide that ‘station antenna structure(s) may be erected at heights and dimensions sufficient to accommodate amateur service communications’,” as stated by the case file.
Altman stated, “Emergency communications after anything like this (natural disasters) is always HAM radio...and for that reason, the federal communications commission issued that zoning authorities cannot prohibit HAM radio antennas and towers.”