07/31/2026
According to the Fountain Hills Times, “The Town of Fountain Hills, Arizona Planning and Zoning Commission held a work session Tuesday, July 27 with Vanessa Shinmoto and Scott McCollough of McCollough Law Firm virtually present to review ordinance drafts pertaining to wireless telecommunications and antennas.”
Who is Scott McCollough? See below.
📌Why Would Fountain Hills Retain an Anti-5G Lawyer to Rewrite its Zoning Ordinance?
On March 3, 2026, the “conservative majority” began another battle in the ongoing culture war by retaining a Texas lawyer, W. Scott McCollough, to rewrite the Town’s wireless ordinance. This battle, based on the majority’s belief that it has both the right and the obligation to limit and control the expansion of 5G technology in Fountain Hills, is likely to be decided only after years of costly litigation with deep-pocket telecon providers and the federal government.
Based on his reputation and history, McCullough can be expected to draft an ordinance that challenges the FCC’s broad regulatory control over 5G and other wireless technologies. An ordinance, designed and intended to slow or restrict the deployment of a wireless infrastructure in Fountain Hills, that is likely to result in litigation by the technology’s providers and enforcement actions by the FCC.
The decision to hire a lawyer viewed as “hostile” to 5G dates back to 2022 when a small but vocal group of residents initiated a shrill campaign against the introduction and expansion of wireless technology in Fountain Hills, insisting that the technology posed an existential threat to residents’ health and well-being.
In 2023, the 5G opponents convinced a majority of the Town Council to vote in favor of a “moratorium” on the creation of a 5G infrastructure in Fountain Hills. This ordinance, which Aaron Arnson, the Town attorney at the time, advised was unenforceable, instructed “all utilities operating in the Town of Fountain Hills to cease and desist the buildout of so-called “5G wireless infrastructure.”
The stated purpose of the moratorium was to allow the Town Council time to review and update its existing regulations to ensure that the “equipment and method of service… are delivered via methods that do not devalue property values and are deemed safe to the environment and human health.”
Last year, Councilmember Rick Watts, who reports that he has spent hundreds of hours studying the technology, was assigned the task of locating a qualified attorney to revise the Town’s ordinance. Watts, who appears to share the opposition’s concerns over the safety of wireless technology, recommended McCullough.
McCullough has been a proponent of the belief that despite the vast scope of the FCC’s regulatory power over wireless technology, local governments can assert their power to regulate land use and can deny permits if the provider cannot prove that the Town’s denial of the permit would effectively prohibit telecommunications service.
The viability of McCullough’s belief has been significantly undermined by federal statutes, FCC regulations, and federal court decisions. Today, municipalities retain the ability to adopt reasonable aesthetic standards, manage the public right‑of‑way, and address safety considerations. However, regulations that effectively slow or block infrastructure development will be invalidated.
It appears that the “conservative majority” voted to pay McCullouch to draft an ordinance that is virtually certain to be met by litigation.
In addition to his practice directed at slowing the deployment of 5G technology, McCollough serves as the chief litigation counsel for Children’s Health Defense (“CHD”). The CHD, founded by Robert F. Kennedy Jr., Trump’s Secretary of Health and Human Services, is known for his opposition to vaccines, promotion of the unsupported claim that Tylenol causes autism, and that exposure to RF radiation can “open the blood brain” barrier allowing toxins to enter the brain, resulting in brain tumors, genetic mutations, ADHD, and autism.
In his contractual agreement with Fountain Hills, McCollough touted his “existing relationship” with CHD and expressed his intent to “contract with Children's Health Defense's educational, advocacy and public relations experts.” As part of the services provided to Fountain Hills, McCullough has agreed to “contract with Children's Health Defense's educational, advocacy, and public relations experts to most effectively achieve strategic, political, and practical goals and assist clients in engaging and educating the community to obtain popular support.”
Effectively, through this agreement, the “conservative majority” has obligated residents to fund a coordinated public relations campaign designed to convince them to ignore the overwhelming weight of scientific authority and accept the proposition that exposure to electromagnetic fields will subject them to grave bodily injury and the only way to avoid this injury is to go to war with the telecon providers and the FCC.
In the past, has our Town Council ever agreed to fund a PR campaign to create community support for an anticipated ordinance? If not, why now? Is it because a “delay and deter” ordinance is likely to be opposed by the residents and businesses wanting the advantages offered by 5G technology?
To add insult to injury, the terms of the agreement presumably reviewed and approved by the Town Attorney, Jennifer Wright, are stacked in McCullough’s favor. Any dispute regarding the appropriateness of services rendered under the contract between the Town and McCollough—or his subcontractor CHD—must go to mandatory arbitration, limiting the Town’s ability to challenge poor or inappropriate services. In addition, in the event of litigation arising out of the agreement, the suit must be filed in Texas, McCullough’s home state, and decided under Texas law, putting Fountain Hills at a serious procedural disadvantage.
Was engaging an anti-5G lawyer to draft the wireless ordinance a breach of the majority’s fiduciary duties to residents and taxpayers? Enactment of a hostile, out‑of‑step ordinance that blocks or delays beneficial 5G development in Fountain Hills will hurt our businesses and almost certainly result in litigation and enforcement actions. Fueled by CHD’s disinformation campaign, this decision is likely to further divide our community.
At the end of the day there will be no winner in this culture war battle, except maybe W. Scott McCullough.