By order of the court, preliminary injunction shall issue until further order of the court.
1. The Town of Falmouth, its Selectmen, agents and persons acting in concert shall be restrained from operating the Wind Turbines located at the Waste Water Treatment Facility except during the hours of 7am to 7pm, every day of the week except Sunday.
The Andersens have submitted affidavits and medical records supporting their claim that the nuisance produced by the turbines has resulted in substantial and continuous insomnia, headaches, psychological disturbances, dental injuries, and other forms of malaise. The court finds the Andersens’ claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that each day of operation produces further injury, to be credible. Taking this evidence of irreparable harm in conjunction with the moving parties’ substantial likelihood on the merits of their claim to uphold the ZBA’s finding of an ongoing nuisance created by daily 7am to 7pm turbine operation, the court finds there is a substantial risk that the Andersens will suffer irreparable physical and psychological harm if the injunction is not granted. See Packaging Indus. Group, 380 Mass. at 617.3 full information and documents here
Wind Turbine Torture
By Curt DevlinIt is easy to forget just how essential sleep is to health and happiness; until of course, you yourself have been deprived of it for a night or two. Firsthand experience of sleep deprivation, even for a few days, is a powerful reminder of how mentally and physically debilitating it is. Even the ongoing disruption or restriction of sleep for a relatively short period of time can have devastating health consequences. Medical research has clearly shown that sleep is essential to human health and wellbeing. Prolonged sleep deprivation has been linked to memory loss, hallucination, weakened resistance to pain, obesity, hypertension, diabetes, impaired immune response, extreme anxiety, stress, clinical depression, and suicide. In the most extreme cases, animal experimentation suggests that lack of sleep can kill you.
Sleep deprivation has long been recognized as torture by the Geneva Conventions of 1949, the United Nations Convention against Torture (CAT), and the United States War Crimes Act. Depriving someone of proper sleep is torture, regardless of whether it is perpetrated by the CIA against suspected terrorists, OR by reckless planning authorities who permit the wind industry to site industrial-scale wind turbines in residential neighborhoods, or by noise pollution regulatory authorities and health authorities who ignore consistent reports of sleep deprivation from neighboring residents. When authorities deem developments “compliant” with regulations, or wind developers effect specious mitigations; they are inflicting torture. They are violating fundamental human rights. read entire document