Restriction on pickups may go to court

A man who says he needs his truck to cope with his disability clashes with his homeowners group.

By ROBERT FARLEY, Times Staff Writer
© St. Petersburg Times
published January 1, 2002

	[Times photo: Douglas R. Clifford]
	Anthony Colecchia has says the truck has room to prevent cramping.

So says the Village of Somerset Woods homeowners association.

Colecchia, 66, a retired New York City firefighter, said he has a disability that requires the truck. He had spinal surgery following a car accident in 1991 that left him with permanent mild paralysis in his legs. He needs the extra legroom of a pickup truck to prevent cramps in his legs and back, he said. The added seat height allows him to see the road better without uncomfortable twisting, he added.

Prove it, the association countered.

So Colecchia provided a letter from his doctor, who stated that Colecchia's "medical condition dictates special seating with customized legroom for his mobility and safety."

The association's attorney, Steven Mezer, suggested Colecchia consider a Ford Explorer, perhaps, or a Jeep Grand Cherokee, both of which would provide added seat height and legroom but also would comply with the neighborhood's deed restrictions, which ban trucks.

"My Dodge Ram King Cab suits me just fine," Colecchia said.

Besides, he said, he didn't have the money for a new car. He paid $18,000 for the pickup truck.

So in March, after months of warnings, the Palm Harbor Somerset Village Association sued Colecchia in Pinellas-Pasco Circuit Court.

"Our objective is to get him into compliance," Mezer said.

In response, Colecchia filed a charge of discrimination in housing on the basis of handicap against the association with the county's Office of Human Rights. In mid December, the Pinellas County Commission authorized the county attorney's office to initiate litigation against the association on Colecchia's behalf.

Colecchia said he understands the homeowners association's ban on commercial trucks in the residential neighborhood.

"I don't want that either," he said. "I don't want trucks with writing on the side and ladders hanging off it."

But his truck is not used commercially, he said. He bought the pickup 2 1/2 years ago, he said, because he often suffered cramping in his legs and back after driving his Dodge Intrepid.

Colecchia's disability retirement from the Fire Department of New York stems from asbestos he inhaled at the collapse of several buildings, he said. A car accident in 1991 caused the injury that requires his pickup truck. He was driving to his daughter's house in Orlando when a commercial van rear-ended his car.

Colecchia has been given an 8 to 10 percent impairment rating, according to a county report. Colecchia said he goes to Bally Total Fitness three times a week for therapy. He also uses a cane occasionally, but only on bad days when the pain flares up.

The pickup truck issue has been a hot one in the neighborhood for years.

When the association sent out warning letters to all residents with pickups, many of them started parking on the grassy shoulder along West Lake Road. The association wrote to the county about that, and the county put up "No Parking" signs.

Mezer said it's a simple issue of obeying the deed restrictions. It is no different than any other deed restrictions for the development, he said. Those include no outdoor clothes drying, no boats or campers and no outdoor television aerials.

Letting blatant violations of the deed restrictions slide tends to encourage other violations, he said. And all homeowners signed off on the deed restrictions when they bought their homes, he noted.

Mezer believes Colecchia has other motivations for wanting a pickup.

"The fact is, he needs the 8-cylinder pickup to tow his boat," Mezer said.

Colecchia said he does have a boat, but he keeps it in a dry dock in Ozona and has no need to tow it.

Some neighbors said they found the pickup truck battle ridiculous.

"It doesn't make any sense at all," said Carlene Hanlon, who said the association once made her install windows on a van to make it less commercial-looking.

Roy Smith, 25, a professional baseball player for the Cleveland Indians, moved in across the street from Colecchia on Halloween. He has a pickup truck too, and he got a letter telling him to remove it immediately.

The deed restrictions only say "no trucks," Smith said, which he interprets as no commercial trucks.

His is a $30,000 truck, he said.

"I see some $400 cars in here," he said. "I don't see what the big deal is. A pickup truck is not going to devalue property. I think it's un-American not to have a pickup truck."

Besides, he asks, what's the difference between pickups and sport utility vehicles, such as the one parked in front of the house belonging to the president of the homeowners association?

"The SUV is the modern version of the station wagon," Mezer said. "It is designed to carry passengers. A pickup is designed to carry cargo other than passengers."

A court hearing in early December was postponed to allow Colecchia's new attorney to get up to speed. Colecchia said he thought a deal was in the works.

"We've got good reason at this point, and I don't say this loosely, to believe that this matter is going to be resolved," Oliver Melvin, compliance manager with the Pinellas County Office of Human Rights, said Friday.

But on Monday, Mezer said a deal wasn't likely.

"It's going to court," he said.

Colecchia said he's sure he'll win. And once the case is finished, Colecchia said, he plans to countersue the association.

"I want to teach them a lesson for going after someone when they should have left them alone," he said.

-- Staff writer Richard Danielson contributed to this report. Robert Farley can be reached at (727) 445-4185 or farley@sptimes.com.

© 2006 • All Rights Reserved • Tampa Bay Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright