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HUD sides with couple in dispute

By GEOFF DOUGHERTY

© St. Petersburg Times, published June 19, 1998


The HUD ruling, issued last week, accuses the homeowners association of violating the Fair Housing Act. It also means that Beacon Woods East will have to prove, either in administrative proceedings or before a federal district judge, that it did not discriminate.

The ruling was made in the case of Steve and Michelle Sidney, who live on Sandburst Lane.

It is the latest step in a fight that already has taken the Sidneys and the homeowners association into Pasco-Pinellas Circuit Court and before the Pasco County Commission.

And in Beacon Woods, it has pitted neighbor against neighbor.

The trouble started when Steve Sidney bought a recreational vehicle and parked it in front of his home. The tail end of the RV stuck out over the sidewalk, blocking pedestrians. The development's deed restrictions prohibit parking RVs in driveways.

Beacon Woods East asked the Sidneys to move the vehicle. Sidney asked to be exempt from the rules because of his medical condition. While in the military during the Vietnam War, Sidney was shot in the abdomen. He now wears an ileostomy bag to collect waste from his intestines.

The RV, he said, allows him to travel without having to find a sanitary place to change the bag. Without it, he contends, he is afraid to leave his home for fear the bag will burst or fill unexpectedly.

The association says Sidney should park the RV in a lot about a mile from his house that is reserved for large vehicles, and it has sued the Sidneys in Circuit Court. The county also has cited them for violating parking laws. But the County Commission declined to uphold the citation, fearing a discrimination lawsuit.

Donald Peyton, the lawyer for Beacon Woods East, said the homeowners association has not discriminated.

"They think we're doing something wrong, and from my point of view we're not," he said. "The law that they're trying to apply does not apply."

Michelle Sidney said the dispute has led to threats of violence. Recently, three residents used their car to block the RV in the driveway as they photographed it.

"It's like living in the ghetto in Warsaw," she said. "We fear for our lives right now. We're persona non-grata."

So far the only injury has been her husband's broken foot.

Because of the animosity, Mrs. Sidney said, she and her husband spend most of their time indoors, where they're safe from the hostile glances of neighbors.

That caused trouble when Steve Sidney fired up the barbecue grill on the lanai. Blinded by smoke, his wife said, he broke his foot when he ran into the glass porch door.

Peyton said he was not aware of any violence or threats to the Sidneys.

For their part, some residents say it would be easy for Mr. Sidney to drive the family car to the RV parking lot.

But Mrs. Sidney said the family has only one car. Her husband has between four and five doctor's appointments a week, and if he left the car in the lot each time, she would be housebound. In many instances, she said, a back injury prevents her from driving.

"I can't just jump out of bed at 7:30, throw on some clothes and drive Steve to the RV," she said. "They just can't throw the entire thing on my shoulders -- my disabled shoulders."

Steve Sidney owns a three-wheeled scooter, she said. But humidity causes his ileostomy bag to slip off, his wife said.

"You can't drive one of those scooters," she said. "If it's raining, you can't drive one of those scooters."


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