San Jose, California – A mother in San Jose is devastated after being sued by a former neighbor due to her child being on the autism spectrum. Despite moving out of the rented home she shared with her parents in an attempt to avoid conflict, the lawsuit was still filed, claiming that the child is a “nuisance.”
Serena Arvayo, the mother, describes her son, Ezequiel, who is also known as Zeek, as a happy and loving boy who is passionate about McDonald’s. However, Zeek suffers from Level 3 autism, a severe form of the disorder, which affects his ability to communicate verbally and causes vocal stimming, the production of sounds instead of spoken words.
Arvayo and her family used to reside in a home in west San Jose, alongside Zeek’s grandparents. However, due to complaints from their next-door neighbor about the noises emanating from the backyard, Arvayo decided to relocate Zeek. The neighbor took issue with Zeek’s grunting, the only vocalization he is capable of producing.
Now, the family only visits the home to see Zeek’s grandparents, but they have been hit with a lawsuit. The neighbor is suing both the family and the landlord, arguing that Zeek should be deemed a nuisance and should no longer be allowed near the property. In response, Arvayo has countersued, claiming that the neighbor had previously referred to Zeek’s grunts as “disgusting,” which deeply offended her.
The neighbor’s lawyer states that the complaint itself speaks for their case. Additionally, the lawsuit alleges that there are frequent loud parties with amplified music being held at the home. Another neighbor attests to the disturbances caused by Zeek’s noises, revealing that they often have to close their door when Zeek is playing in the backyard.
Arvayo’s lawyer, Ron Rossi, acknowledges the increasing number of what he calls “crazy lawsuits” since the onset of COVID-19. However, he argues that this particular lawsuit has caused emotional distress for Zeek’s family and requests an end to the harassment they are facing.
Despite the challenges they are now facing, Arvayo has taken an active role in increasing awareness and understanding of autism. She has written a children’s book in two languages that aims to foster acceptance and empathy towards children on the spectrum. Arvayo believes that her book may also resonate with adults who seek a better understanding of autism.
The legal battle between Arvayo’s family and their former neighbor continues, with Arvayo determined to defend her son and be his voice in this ongoing struggle.