Neighbors Sue Sunnyvale Family, Claim Their Autistic Boy Is Public Nuisance
SUNNYVALE (CBS SF) -- The neighbors of a Sunnyvale family with a nine-year-old autistic boy have sued the family, seeking an injunction against the boy for being a public nuisance, according to an autism blog.
The blog from the Autism Society San Francisco Bay Area says the boy and his parents were sued last June by the neighbors who flank their home on Arlington Court in Sunnyvale.
According to the report, the lawsuit alleges sporadic instances over the years of the boy acting out in ways such as entering a neighbor's garage, kicking a car, tossing objects over a fence, taking a neighbor's banana, and kicking at people or pulling their hair. The blog claims there have been little or no damages and no injuries from the impulsive acts.
However, a source close to the case told CBS San Francisco it is not about the boy's autism, but rather the parents' alleged failure to properly supervise him. According to the source, neighbors were forced to seek an injunction after years of the boy's repeated violent attacks on their own preschool children, sometimes in their own home or vehicle - and fruitless attempts to resolve the situation.
According to court records, a preliminary injuction was granted by a judge in October 2014. The neighbors seek a permanent injunction against the boy and his parents for abatement of the nuisance, compensation for the alleged reduction in property values, and negligent infliction of emotional distress among other claims.
The blog said the boy and his parents moved away from the home last year to escape what they saw as harassment by their neighbors. It was unclear whether the move was temporary or permanent.
Attorneys for the neighbors have issued third-party subpoenas seeking the boys school records, therapy records, and other records from special needs agencies to support their claim that the boy's behavior constitutes a public nuisance.
Attorneys for the boy's family have filed a motion to quash those subpoenas. A hearing for that motion is scheduled for September 22.
Carlos E. Castañeda is Senior Editor, News & Social Media for CBS San Francisco and a San Francisco native. You can follow him on Twitter or send him an email.
