Neighbor Lawsuit Seeks to Declare Autistic Boy a “Public Nuisance”

SAN JOSE -- In a quickly dispatched hearing on Tuesday in a case that has riled Bay Area parents of developmentally disabled children, a Santa Clara County judge sent an autistic boy's parents and two Sunnyvale couples who claim the boy is a public nuisance back to mediation.

In the Civil Court hearing where Sunnyvale neighbors sought the boy's medical and school records, Superior Court Judge Maureen Folan admonished them, asking the two couples and the parents their ultimate goal: To find a solution or continue with litigation?

All the families said they wanted a solution so all agreed to the judge's suggestion that they arrange mediation with another judge, which is expected to happen in October.

In their lawsuit filed last summer, Kumaran Santhanam and Bindu Pothen and Robert and Marci Flowers said that despite repeated appeals by residents on Arlington Court, the parents of the autism boy had not been able to control his aggressive behavior toward others.

The neighbors of parents, Vidyut Gopal and Parul Agrawal, said their boy would slap or kick their children, and in at least one instance bit an adult who lives across the street from the boy.

The two couples said Gopal and Agrawal did not supervise their son well enough over the years, and that after mounting frustration and an attempt to create a neighborhood safety plan in the spring of 2014 fell apart, they were forced to sue.

The couples say the lawsuit is not about autism, but about public safety.

But Gopal and Agrawal say their autistic son, with rare exception, was under their care or a babysitter's at all times, and that the incidents were not as serious as alleged. Moreover, they say, after they enrolled their son in special therapeutic classes and was given special medication, his bad behavior stopped.

Still, a judge last July agreed to impose a preliminary injunction against the boy and his parents to ensure the boy does not strike, assault, or batter anyone in the neighborhood or their personal property.

Three months later, the family moved out of their home to another house in Sunnyvale where, they say, they have had no problems with their neighbors

The lawsuit also alleges the boy's disruptive behavior also created an "as-yet unquantified chilling effect on the otherwise 'hot' local real estate market" and that "people feel constrained in the marketability of their homes as this issue remains unresolved and the nuisance remains unabated."

Jill Escher, president of the San Francisco Bay Area Autism Society, and a parent of two autistic children, has called the lawsuit an outrage.

She and other parents say they fear that it the suit is successful, families with autistic children could be run out of neighborhoods everywhere, based on a "public nuisance'' claim.

In a blog post on the society's website Monday, Escher said that despite what the plaintiffs say, this case is very much about autism -- and discrimination.

"We all have a right to be protected from harm, I could not agree more,'' Escher wrote.

"But given that the family left the neighborhood a year ago, that no adverse events are alleged to have occurred for more than a year and a half, and that no actual injuries are even alleged as to the plaintiffs, this case is no longer about reasonable steps to ensure protection from a developmentally disabled child.

"By seeking draconian forms relief including a "public nuisance" declaration, the case has moved squarely into the realm of disability eviction and discrimination. This case is very much about autism.''

Check back here for more developments in this story.
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Check out the photos they had their day in court in this link:

http://www.mercurynews.com/health/c...rsial-case-about-autistic-boys-behavior-heads
 
"The lawsuit also alleges the boy's disruptive behavior also created an "as-yet unquantified chilling effect on the otherwise 'hot' local real estate market" and that "people feel constrained in the marketability of their homes as this issue remains unresolved and the nuisance remains unabated.""

If the kids so bad he's bringing down the local real estate market it should be pretty easy to get some video and bring it to court. This is sounding more and more like they just wanted to force them out of town.
 
I'm neutral on this.....It is very possible that the parents couldn't control the autistic kid. I have seen that before. The parents might be in denial about how profoundly affected the child is, or might not literally be able to control the child. It might not be that the neighbors are jerks.
 
I notice that they say that the neighbor across the street was bitten by the kid. I wonder if they showed proof of that.. a picture or the actual testimony of said neighbor.

Who know Deafdyke but it seems that there hasn't been a single problem in the new neighborhood when they decided (or forced to leave depending on one's view)to move out.

I've experienced behavior similar to what is being alleged in my only non-IT position but then again their behavior was MUCH more severe as the Unit I was working in at the time was focused on Behavioral Treatment. I wasn't there so can only guess at what actually happened- pretty much a "he said she said" kind of thing. But good to see that they will try mediation again.
 
DeafDucky said:
I notice that they say that the neighbor across the street was bitten by the kid. I wonder if they showed proof of that.. a picture or the actual testimony of said neighbor.

Who know Deafdyke but it seems that there hasn't been a single problem in the new neighborhood when they decided (or forced to leave depending on one's view)to move out.

I've experienced behavior similar to what is being alleged in my only non-IT position but then again their behavior was MUCH more severe as the Unit I was working in at the time was focused on Behavioral Treatment. I wasn't there so can only guess at what actually happened- pretty much a "he said she said" kind of thing. But good to see that they will try mediation again.
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Exactly. If there where that many incidences then where are the reports and photos? Where is the actual evidence? If I was having problems with a neighbor the second thing I would do (after trying to talk with them) is start taking picture and videos and filing complaints with the police.
 
DeafDucky said:
I notice that they say that the neighbor across the street was bitten by the kid. I wonder if they showed proof of that.. a picture or the actual testimony of said neighbor.

Who know Deafdyke but it seems that there hasn't been a single problem in the new neighborhood when they decided (or forced to leave depending on one's view)to move out.

I've experienced behavior similar to what is being alleged in my only non-IT position but then again their behavior was MUCH more severe as the Unit I was working in at the time was focused on Behavioral Treatment. I wasn't there so can only guess at what actually happened- pretty much a "he said she said" kind of thing. But good to see that they will try mediation again.
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Agreed I'm very neutral on this, but yes THANK YOU for backing me up with saying there might be something there...I've witnessed nasty neighbors, but I have also witnessed parents who might be a wee bit in denial about how bad their special needs kid can be. We don't really know the details...so that's why I'm neutral.
 
Update in local newspaper:

Whenever Misti Folleta let her son play outdoors, she made sure to tell her neighbors that he had autism, warning them that he might hit and kick their children or yank them off their bikes.

"The look on their faces was, 'Oh my God, what?' " said Folleta, a San Jose mother of three children, including a younger son who also has autism.

But they were quickly relieved when Folleta assured them that she would always be within arm's reach. Today, after years of behavior therapy and hard work to curb his outbursts, her 12-year-old son can play inside neighbors' homes, she said -- without her by his side.

With the right therapy and supervision -- and a good dose of compassion and patience from friends and neighbors -- many children with autism can learn to interact safely with schoolmates and neighbors, say experts and parents of children with autism.

Recent headlines about the Sunnyvale neighbors fighting in court over whether an 11-year-old boy with autism was a public nuisance is so unusual, they say, that it's caused a host of misconceptions about living alongside children with autism.

"If you look around, most autistic kids are very peaceful -- they're not very social," said Dr. Antonio Hardan, chief of child and adolescent psychiatry at Lucile Packard Children's Hospital. "In terms of aggression towards others, it's not very common."

When aggression surfaces, experts say, it's often because the children have limited verbal ability or none at all.

So when these individuals with autism want something -- to walk, drink water or eat food, for example -- or just want to avoid something not pleasing to them, they may push, pull, hit or bite, though that's more often directed at adults, such as their parents, teachers and therapists, than at other children.

"Their communication skill deficits put them at risk of developing these behaviors," said Bridget Taylor, a well-known national researcher in autism and co-founder and executive director of the Alpine Learning Group in New Jersey. "Because they are unable to communicate, they don't have the skills to negotiate or interact better."

Experts say it's difficult to make generalizations about autistic people.

"There's a saying in the autism community: If you've met one person with autism, you've met one person with autism," Taylor said.

Still, she and others say the earlier these children can be evaluated and assessed, the better their parents can understand what conditions trigger the aggressive behavior. With an early diagnosis, therapists can develop a plan that helps an autistic person learn more appropriate ways of getting their needs met, said Sally Rogers, a professor at the UC Davis MIND Institute, started by families of children with autism.

While the lawsuit by the Sunnyvale neighbors seemed like an overreaction to many, the growing numbers of people with autism in the U.S. would suggest that conflicts are inevitable.

According to the Centers for Disease Control, more people are being diagnosed with what is called autism spectrum disorder, or ASD, though it's unclear how much of this increase is due to a broader definition of autism and better efforts in diagnosis.

In the U.S., about 1 in every 68 children has been diagnosed with ASD -- in all racial, ethnic and socioeconomic groups. But it is almost five times more common among boys (1 in 42) than girls (1 in 189).

ASD is a developmental disability that can cause significant social, communication and behavioral challenges, according to the CDC.

There is often nothing about how people with ASD look that sets them apart from other people, but people with ASD may communicate, interact, behave and learn in ways that are different from most other people. The learning, thinking and problem-solving abilities of people with ASD can range from gifted to severely challenged.

Signs of ASD begin during early childhood and typically last throughout a person's life.

As parents face the challenges of raising children with autism, many say it's important for the public to show compassion and help autistic children adjust to their community. Residents in the Sunnyvale neighborhood say they did just that, but that the boy's menacing behavior continued until they felt like they were on "red alert" every time their children and the boy were outside at the same time.

When an effort to create a safety plan for the block broke down, two couples sued the boy's parents in June 2014. Even though the family moved away a year ago, the two couples -- one of whom moved from their rental home last month -- are seeking unspecified damages. Last week, the couples and the boy's parents agreed to meet with a judge next month to try to resolve their differences through mediation.

San Jose resident Katie Heredia, the mother of a more verbal 7-year-old autistic boy, said trying to change her son's behaviors takes time. When he learns a process, "he has to do it over and over and over again.'' And even after he finally appears to grasp something, he may forget it and a new approach will be needed.

Still, Heredia can understand how upset the Sunnyvale neighbors were that the boy would lash out at their children.

"I'm not excusing the behavior," she said, "but at the same time, both sides have to understand the other and come to the table."
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http://www.contracostatimes.com/bre...-autism-can-learn-interact-safely-schoolmates
 
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