Suit seeking to declare autistic boy a public nuisance goes to mediation
The parties in a suit contending an autistic boy is a public nuisance have agreed to participate in court-supervised mediation.
Judge Maureen Folan of Santa Clara County, California, on Tuesday urged the boys’ parents and the neighbors who sued to reach an agreement, the San Jose Mercury News reports.
“The question I have for each and every one of you is: Do you want to be solution-oriented and a great role model for your kids?” Folan asked. “Or do you want to be the opposite of that, and be litigation-oriented?”
One of the plaintiffs, Robert Flowers, said the judge’s idea was “promising.” The boy’s father said he was also pleased, although a previous attempt at mediation had failed.
The suit claimed the boy who lived in Sunnyvale, California, was a public nuisance because of his attacks on their children that included kicking and slapping. Their suit, the neighbors said, was directed at the boys’ parents because they were not controlling his behavior.
A previous judge in the suit issued a preliminary injunction in July 2014 requiring the boy’s family to make sure he doesn’t strike or assault neighbors. The suit also seeks damages and argues the boy’s uncontrolled behavior put a damper on the marketability of the neighbors’ homes.
The boy and his parents moved in September 2014. They say their son’s bad behavior stopped after he took medication and participated in therapeutic classes.
