Government ordered to pay for damages in Yokota noise suit
The Tokyo District Court ordered the Japanese government on May 30 to pay a total of 2.4 billion yen (18.46 million dollars) in damages for the noise caused by U.S. military aircraft at U.S. Yokota Air Base in the suburbs of Tokyo.
The lawsuit had been filed by about 6,000 people complaining about the noise and demanded a court injunction against nighttime and early morning flights by U.S. warplanes at the Yokota base.
The court ordered to pay damages to 4,700 residents but turned down the residents' demand for damages for future base noise and an injunction against the U.S. military aircraft flights.
The plaintiffs and their lawyers decided to appeal to a higher court.
The lawsuit, which grew to be the largest in Japan, was first filed more than 20 years ago by about 700 residents in three cities bordering the Yokota base.
The court for the first time recognized that residents' family lives near the Yokota base are seriously disturbed by the unbearable noise caused by flights at the base. The judge stated that the level of noise surpasses the extent which nearby residents can reasonably endure.
The payment of compensation will be applied to areas with a noise level over 75 WECPNL (the Weighted Equivalent Continuous Perceived Noise Level).
The Yokota lawsuit's plaintiffs and lawyers on May 30 held a press conference to release their statement , which said:
"The ruling is acceptable in that it determined noise caused by U.S. military aircraft as illegal and ordered the Japanese government to pay a substantial amount of compensation to so many plaintiffs.
But we can never accept the ruling which rejected our claim for an end to night/early morning flights to/from the base, and for paying compensation for future suffering. We are resolved to appeal and continue to fight till silent nights come to us."
A lawyer concerned "appreciated that the ruling rejected the government's attempt to limit designated areas suffering from the noise. It also supported our assertion that the noise relates to the residents' right to live. In this regard, the ruling reflects the point the resident's struggle has reached," he added.
The ruling is expected to encourage similar ongoing court struggles filed by residents near U.S. bases at Atsugi in Kanagawa and Kadena in Okinawa.
Koitabashi Nen'ichiro, chief representative of the plaintiffs, commented: "The South Korean people have successfully got the U.S.-ROK Status of Forces Agreement revised. The responsibility of the Japanese government has become all the more serious." He called for further support for the next Yokota suit.
* * *
The Liaison Council on U.S. Yokota Air Base comprising Tokyo Metropolitan Government, five cities including Tachikawa and Fussa, and one town has called for the realignment, reduction and withdrawal of the 713 hectare U.S. Yokota Air Base. (end)