March 4, 2008You might not always enjoy paying dues to
your homeowners' association (HOA), but the residents of a neighborhood in Florida will probably write the check with pleasure this month, after the HOA joined forces with an ADF ally to shut down a sexually-oriented business operating in the neighborhood.
Charles Foulk leased a home in the neighborhood. He proceeded to install 24 cameras in the house and around the backyard pool, conduct sex parties, and then charge customers to view these sex acts for a fee.
It gets worse!
Windows from two neighboring homes overlooked the pool area, and one resident had to obstruct the bedroom window of his eight-year-old daughter, so she wouldn't be exposed to the graphic sexual activity occurring in the next yard.
The home also attracted increased speeding traffic, noise related to the parties advertised on the website, and a rapid turnover of individuals moving in and out of the property.
Thankfully, ADF-allied attorney Frederick ("Rick") Nelson of the American Liberties Institute, backed with ADF grant funding, filed a lawsuit on behalf of the HOA, as these activities clearly violated the association's restrictions on running a business out of a home. After a long, hard fight, on February 18, a Florida appellate court ruled in favor of the HOA.
"When homeowners' associations have to choose between protecting the children of their communities and tolerating a sexually-oriented business that is violating the rules, the choice is obvious. Our children's safety comes first," said Frederick Nelson.
"This profit-making venture from illicit activity in the midst of a neighborhood of families was not only a nuisance that was in clear violation of the homeowners' association's regulations, but also posed a danger to the residents." A copy of the decision in
Brantley Harbor Homeowners' Association v. Crago can be read at
www.telladf.org/UserDocs/BrantleyOrder.pdf.
Sexually-oriented businesses flourish – in many cases illegally – across the country, with no regard for the harm they are causing children, families, and our culture. The Alliance Defense Fund will continue its efforts to protect your family and our communities. Please join us; together, we can help shape a better tomorrow for your children and grandchildren!