Tahoe Prosperity Center dismissed from cell tower lawsuit

SOUTH LAKE TAHOE, Calif. - The Tahoe Prosperity Center (TPC) was dismissed, with prejudice, from the lawsuit brought against the nonprofit, the Tahoe Regional Planning Agency (TRPA), Verizon and others to stop a cell tower from being added in South Lake Tahoe.

Plaintiffs Monica Eisenstecken, Ben Lebovitz of Tahoe Stewards LLC, Robert M. Aaron of Tahoe for Safer Tech, and the Wyoming-based Environmental Health Trust had filed the lawsuit after a cell tower was approved on the property of Hansen's Resort near the intersection of Ski Run Boulevard and Saddle Road. The planned cell tower is adjacent to Eisenstecken's property.

On Tuesday it was announced the Plaintiffs agreed to drop TPC from the lawsuit "with prejudice," meaning they cannot bring another lawsuit against TPC for the same or similar claims.

"The Tahoe Prosperity Center believes that adding a small number of strategically located, environmentally appropriate cell towers to improve coverage for our community is an important goal for public safety and improved communications. We shared that in public comment in January 2020 at a City Council meeting and for that, we were sued. Our CEO has been continually harassed since then and this lawsuit is another attempt at silencing our organization on this important matter. Fortunately, plaintiff’s attorneys recognized that there was no merit in trying to keep us in this frivolous lawsuit,” stated TPC Board Chair, Frank Gerdeman.

TPC is an economic and community development non-profit that is working on a number of projects to establish attainable workforce housing, improve job and training opportunities, reliable and robust internet, and ensure a safe Lake Tahoe Basin equipped with fire safety cameras - all driven by locally focused, community indicators data.

“I have been publicly attacked for more than a year – simply for doing my job and communicating an opinion that differs from the plaintiffs in this case. This intimidation has also continued against TPC board members, as well as numerous other community leaders since each of us spoke up at a City Council meeting and stated that better cell coverage is needed in the Lake Tahoe Basin,” said TPC CEO Heidi Hill Drum in a press release.

“It is offensive being sued for simply speaking out under our First Amendment rights and we are grateful their attorneys finally recognized that and dismissed us from this lawsuit. We’ll continue to promote better connectivity in Lake Tahoe, despite the ongoing, ‘anonymous’, harassment in public comment,” added Hill.

TRPA is still named in the lawsuit but they have also filed a Motion to Dismiss. That case will be heard this summer.

"TRPA understands the pressing concerns in the community about the health and environmental impacts of cell towers," said TRPA Public Information Officer Jeff Cowen. "The agency’s role in cell tower permitting is to ensure the project is in compliance with Lake Tahoe’s environmental thresholds and zoning requirements. Federal regulators set the emission standards from cell towers and review the environmental impacts of those standards. The agency is not charged with implementing those federal regulations regarding communications equipment."

Eisenstecken did not respond to a request for comment. She and the other plaintiffs were represented by Mark Pollock of Pollock & James, LLP in Napa.