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Fair Housing Lawsuit on Behalf of
Port Richey Foster Family
Filed October 22, 2002
STEVEN M. GOURLAY and CORINNA K. DELAWTER-GOURLAY
Plaintiffs,
vs.
FOREST LAKE ESTATES CIVIC ASSOCIATION OF PORT RICHEY, INC. and WALTER A. LUCAS
Defendants
VERIFIED COMPLAINT
COME NOW Plaintiffs, STEVEN M. GOURLAY and CORINNA K. DELAWTER-GOURLAY, individually and in their capacity as foster parents, and for their cause of action against the Defendants, FOREST LAKE ESTATES CIVIC ASSOCIATION OF PORT RICHEY, INC. and WALTER A. LUCAS, state and allege as follows:
PARTIES
1. Plaintiff Steven M. Gourlay is, and was at all times relevant to the allegations herein, an adult resident of Pasco County, Florida, residing at 8649 Forest Lake Drive, Port Richey, Florida.
2. Plaintiff Corinna K. Delawter-Gourlay is, and was at all times relevant to the allegations herein, an adult resident of Pasco County, Florida, residing at 8649 Forest Lake Drive, Port Richey, Florida.
3. Defendant Forest Lake Estates Civic Association of Port Richey, Inc. ("FLECA") is, and was at all times relevant to the allegations herein, a non-profit corporation, incorporated in the State of Florida, with its principal place of business at 7618 Tall Tree Ct., Port Richey, Florida.
4. Defendant Walter A. Lucas ("Lucas") is, and was at all times relevant to the allegations herein, an adult resident of Pasco County, Florida, residing at 7613 Tall Tree Court, Port Richey, Florida.
JURISDICTION
1. This Court has jurisdiction over this matter pursuant to 42 U.S.C. ? 3613, 28 U.S.C. ?? 1331, 1337, 1343(a)(4).
VENUE
1. Venue is proper in the United States District Court for the Middle District of Florida because Defendant FLECA is a corporate entity with its principal place of business within that district.
FACTS
1. Defendant FLECA is a homeowners association which claims authority to enforce deed restrictions applicable to property in the Forest Lake Estates housing development pursuant to the "Declaration of Restrictions, Forest Lake Estates" ("deed restrictions").
2. Defendant Lucas is the vice president of FLECA and a resident of Forest Lake Estates. Mr. Lucas has asserted authority to enforce deed restrictions applicable to property in the Forest Lake Estates.
3. Plaintiffs Corinna and Steven Gourlay are husband and wife. They have 4 biological children and 5 foster children.
4. On October 4, 1999, Plaintiffs purchased a home in Forest Lake Estates, located at 8649 Forest Lake Drive, Port Richey, Florida ("the home").
5. Shortly thereafter, Defendant Lucas contacted the Gourlays and told them that the home was subject to certain deed restrictions.
6. The home was in disrepair and had been subject to foreclosure when the Gourlays purchased it.
7. The Gourlays repaired and renovated the home and put it in proper repair.
8. The Gourlays have lived peaceably in their home in Forest Lake Estates. There have been no reports of any trouble at their home. In fact, many of the neighbors were not even aware that the Gourlays had nine children.
9. In October 2001, Defendant Lucas directed Plaintiffs to install a green tarp over their fence because the neighbors did not want to see Plaintiffs' children playing in their backyard.
10. Defendant Lucas threatened Plaintiffs that if they did not install the tarp, he would pursue a lawsuit against them for violating deed restrictions by placing a swing set in their backyard.
11. Plaintiffs installed the tarp.
12. In September 2002, Plaintiffs approached Defendant Lucas for permission to widen their driveway.
13. Defendant Lucas told Plaintiffs they did not need three cars, and that he would not approach the architectural committee about their request. He further accused Plaintiffs of running a daycare.
14. Ms. Gourlay denied that she was running a daycare and told Defendant Lucas that they had foster children.
15. On or about September 18, 2002, Plaintiffs received a letter from FLECA's attorney, Donald Peyton, stating that Plaintiffs were in violation of the deed restrictions because they were not limiting the use of their home to a single family, were permitting "structures or improvements to be erected, or placed on" their property without written approval of the "Architectural Control Committee" and that these conditions were creating an annoyance or nuisance to the neighborhood in violation of the deed restrictions.
16. The September 18, 2002, letter further threatened the Gourlays with a lawsuit and consequent fees and costs if they did not reply with assurances within 10 days that they would "voluntarily comply" with the deed restrictions by "correcting" the purported violations.
17. Ms. Gourlay contacted Mr. Peyton in an attempt to determine what specific things FLECA claimed were violations of the deed restrictions.
18. Mr. Peyton stated that the Gourlays were not restricting their home to single family use because they were keeping foster children. Mr. Peyton refused to elaborate on what "structures or improvements" had been erected that were purportedly in violation of the deed restrictions, told Ms. Gourlay that he would not discuss the matter further with her, and that she would have to hire an attorney.
19. The Gourlays did not evict their foster children.
20. On October 7, 2002, Defendant FLECA filed a lawsuit against Mr. Gourlay, seeking a declaratory judgment that the Gourlays were in violation of the deed restrictions by "permitting approximately five (5) persons who are not related to [Mr. Gourlay] by either blood or marriage to reside in" the Gourlay's home and that such had created an annoyance or nuisance to the neighborhood in violation of the deed restrictions.
21. Defendants continue to coerce, harass, intimidate, and threaten the Gourlays and their children by various means, including taking pictures of their children playing in the Gourlays' back yard, and by making threatening and derogatory statements in FLECA's news letter and the media.
22. The actions of Mr. Lucas and FLECA in coercing, intimidating, and threatening the Gourlays in relation to their status as a foster family have caused the Gourlays and their children significant emotional distress, anxiety, fear, and physical injury.
COUNT I - FEDERAL FAIR HOUSING ACT
1. Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 28 above, as if set forth in full hereinafter.
2. This is a cause of action for damages pursuant to 42 U.S.C. ? 3601, et seq., the federal Fair Housing Act, for discriminatory housing practices.
3. Plaintiffs are aggrieved persons within the meaning of 42 U.S.C. ? 3601, et seq., in that they have been injured by a discriminatory housing practice and they will be further injured by a discriminatory housing practice.
4. The Gourlays are members of a protected class, in that they are in the class of persons who enjoy protection from discrimination based on "familial status" under the terms of 42 U.S.C. ? 3601, et seq.
5. The Gourlays therefore enjoy a protected right under the federal Fair Housing Act.
6. Defendants have engaged in intentional discriminatory housing practices by
(a) denying Plaintiffs the use and enjoyment of their dwelling because of their familial status;
(b) constructively making Plaintiffs' premises unavailable for their use and enjoyment because of their familial status;
(c) discriminating in the provision of services or facilities in connection with the premises because of their familial status;
(d) printing, publishing, or causing to be made, printed, or published a notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on familial status or an intention to make such preference, limitation, or discrimination;
(e) harassing them and attempting to force them out of their home in Forest Lake Estates because of their familial status; and
(f) coercing, intimidating, threatening, and interfering with Plaintiffs' exercise and enjoyment of their housing rights.
WHEREFORE, by reason of the aforementioned acts and results, Plaintiffs have suffered damages including, but not limited to, actual and emotional damages and demand judgment of and from Defendants, together with all interest, court costs and attorneys' fees.
COUNT II - FLORIDA FAIR HOUSING ACT
1. Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 34 above, as if set forth in full hereinafter.
2. This is a cause of action for damages pursuant to Fla. Stat. ? 760.20, et seq., the Florida Fair Housing Act, for discriminatory housing practices.
3. Plaintiffs are persons who have been injured by a discriminatory housing practice and who believe that they will be injured by further discriminatory housing practices.
4. The Gourlays are members of a protected class, in that they are in the class of persons who enjoy protection from discrimination based on "familial status" under the terms of Fla. Stat. ? 760.20, et seq.
5. The Gourlays therefore enjoy a protected right under the Florida Fair Housing Act.
6. Defendants have engaged in intentional discriminatory housing practices by
(a) denying Plaintiffs the use and enjoyment of their dwelling because of their familial status;
(b) constructively making Plaintiffs' premises unavailable for their use and enjoyment because of their familial status;
(c) discriminating in the provision of services or facilities in connection with the premises because of their familial status;
(d) printing, publishing, or causing to be made, printed, or published a notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on familial status or an intention to make such preference, limitation, or discrimination;
(e) harassing them and attempting to force them out of their home in Forest Lake Estates because of their familial status; and
(f) coercing, intimidating, threatening, and interfering with Plaintiffs' exercise and enjoyment of their housing rights.
WHEREFORE, by reason of the aforementioned acts and results, Plaintiffs have suffered damages including, but not limited to, actual and emotional damages and demand judgment of and from Defendants, together with all interest, court costs and attorneys' fees.
COUNT III - FEDERAL FAIR HOUSING ACT - INJUNCTIVE RELIEF
1. Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 40 above, as if set forth in full hereinafter.
2. This is a cause of action for injunctive relief pursuant to 42 U.S.C. ? 3601, et seq., the federal Fair Housing Act, for discriminatory housing practices.
3. Plaintiffs are aggrieved persons within the meaning of 42 U.S.C. ? 3601, et seq., in that they have been injured by a discriminatory housing practice and they will be further injured by a discriminatory housing practice.
4. The Gourlays are members of a protected class, in that they are in the class of persons who enjoy protection from discrimination based on "familial status" under the terms of 42 U.S.C. ? 3601, et seq.
5. The Gourlays therefore enjoy a protected right under the federal Fair Housing Act.
6. Defendants have engaged in intentional discriminatory housing practices by
(a) denying Plaintiffs the use and enjoyment of their dwelling because of their familial status;
(b) constructively making Plaintiffs' premises unavailable for their use and enjoyment because of their familial status;
(c) discriminating in the provision of services or facilities in connection with the premises because of their familial status;
(d) printing, publishing, or causing to be made, printed, or published a notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on familial status or an intention to make such preference, limitation, or discrimination;
(e) harassing them and attempting to force them out of their home in Forest Lake Estates because of their familial status; and
(f) coercing, intimidating, threatening, and interfering with Plaintiffs' exercise and enjoyment of their housing rights.
WHEREFORE, by reason of the aforementioned acts and results,
Plaintiffs seek a preliminary and permanent injunction:
(1) enjoining Defendants from further coercing, intimidating, threatening and/or discriminating against Plaintiffs based on their familial status and
(2) enjoining Defendants from seeking enforcement of any deed restriction against Plaintiffs based on an improper purpose, including, but not limited to their familial status.
COUNT IV - FLORIDA FAIR HOUSING ACT - INJUNCTIVE RELIEF
1. Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 46 above, as if set forth in full hereinafter.
2. This is a cause of action for injunctive relief pursuant to Fla. Stat. ? 760.20, et seq., the Florida Fair Housing Act, for discriminatory housing practices.
3. Plaintiffs are persons who have been injured by a discriminatory housing practice and who believe that they will be injured by further discriminatory housing practices.
4. The Gourlays are members of a protected class, in that they are in the class of persons who enjoy protection from discrimination based on "familial status" under the terms of Fla. Stat. ? 760.20, et seq.
5. The Gourlays therefore enjoy a protected right under the Florida Fair Housing Act.
6. Defendants have engaged in intentional discriminatory housing practices by
(a) denying Plaintiffs the use and enjoyment of their dwelling because of their familial status;
(b) constructively making Plaintiffs' premises unavailable for their use and enjoyment because of their familial status;
(c) discriminating in the provision of services or facilities in connection with the premises because of their familial status;
(d) printing, publishing, or causing to be made, printed, or published a notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on familial status or an intention to make such preference, limitation, or discrimination;
(e) harassing them and attempting to force them out of their home in Forest Lake Estates because of their familial status; and
(f) coercing, intimidating, threatening, and interfering with Plaintiffs' exercise and enjoyment of their housing rights.
WHEREFORE, by reason of the aforementioned acts and results,
Plaintiffs seek a preliminary and permanent injunction:
(1) enjoining Defendants from further coercing, intimidating, threatening and/or discriminating against Plaintiffs based on their familial status and
(2) enjoining Defendants from seeking enforcement of any deed restriction against Plaintiffs based on an improper purpose, including, but not limited to their familial status.
COUNT V - SELECTIVE ENFORCEMENT
1. Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 52 above, as if set forth in full hereinafter.
2. This is a cause of action for relief against Defendant FLECA for unconstitutional selective enforcement of deed restrictions.
3. Defendant FLECA has declined to enforce deed restrictions against other homeowners in Forest Lake Estates including, but not limited to, violations of the "single family" restriction and other deed restrictions they seek to enforce against the Gourlays.
4. Defendant FLECA has demanded and continues to demand that Plaintiffs comply with the "single family" restriction by evicting their foster children.
5. Defendant FLECA has chosen to unequally and arbitrarily enforce claimed deed restrictions against only a select number of individuals, including Plaintiffs.
6. WHEREFORE, by reason of the aforementioned acts and results, Plaintiffs demand judgment of and from Defendant FLECA, together with all interest, court costs and attorneys' fees.
PUNITIVE DAMAGES
1. The Plaintiffs hereby adopt the allegations set forth in Paragraphs 1 through 57
2. above, as if set forth in full hereafter.
3. The actions of Defendants as set forth herein were willful, wanton and/or reckless
4. and warrant the imposition of punitive damages.
5. WHEREFORE, by reason of the aforementioned acts and results, Plaintiffs pray for punitive damages, permitted by statute and law, against Defendants.
DEMAND OF JURY TRIAL
Plaintiffs demand a trial by jury.
RESPECTFULLY SUBMITTED this, the 22nd day of October, 2002.
STEVEN M. GOURLAY and
CORINNA K. DELAWTER-GOURLAY
By and Through Their Attorneys,
SHOOK, HARDY & BACON, L.L.P.
Matthew J. Moore, Esq.
Florida Bar No. 476587
Paul W. Rebein, Esq.
Florida Bar No. 488003
100 North Tampa Street, Suite 2900
Tampa, Florida 33602
Telephone: (813) 202-7100
Facsimile: (813) 221-8837
Randall C. Marshall, Legal Director
American Civil Liberties Union Foundation of Florida, Inc.
Florida Bar No. 181765
4500 Biscayne Boulevard ? Suite 340
Miami, Florida 33137-3127
Telephone: (305) 576-2237
Facsimile: (305) 576-1106
VERIFICATION
THE FOREGOING FACTS ARE TRUE AND CORRECT TO THE BEST OF MY
PERSONAL KNOWLEDGE AND BELIEF.
STEVEN M. GOURLAY
Date:October 22, 2002
Subscribed and sworn to before me a notary public, this 22nd day of October, 2002.
VERIFICATION
THE FOREGOING FACTS ARE TRUE AND CORRECT TO THE BEST OF MY PERSONAL KNOWLEDGE AND BELIEF.
CORINNA K. DELAWTER-GOURLAY
Date: October 22, 2002
Subscribed and sworn to before me a notary public, this 22nd day of October, 2002.
