Suit filed over 5 foster children

 
The Gourlays vow to fight the suit over deed restrictions filed
by the civic association of Forest Lake Estates.
By CARY DAVIS
Article Courtesy of the St. Petersburg Times
Published October 8, 2002 

NEW PORT RICHEY -- The civic association of Forest Lake Estates filed suit Monday against a family in the Port Richey neighborhood, alleging that the parents are violating deed restrictions by receiving state funding to care for five foster children. 

The suit, filed in Pasco Circuit Court, asks a judge to rule on whether the neighborhood's deed restrictions permit Steven and Corinna Gourlay to take in foster children. 

In the lawsuit, the civic association takes the position that the Gourlays do not meet the definition of a "single family" -- a requirement under the neighborhood covenants. 

In support of that argument, the lawsuit states that the Gourlays are "being paid . . . in return for providing food and lodging" to "persons not related" to them. 

Association lawyer Donald Peyton said Monday that the lawsuit had been filed because "there is a difference of opinion over the interpretation of the deed restrictions." 

"The association is seeking a judicial interpretation of what is correct," Peyton told the Times. "They're just trying to find out where they stand." 

The lawsuit comes after the Gourlays ignored a Sept. 18 letter from the association that gave the family 10 days "to take whatever steps are necessary to comply with the (deed) restrictions." 

Steve and Corinna Gourlay have five foster children and four kids of their own in their five-bedroom, 1,700square-foot house. They receive $2,028 a month to care for the foster children, who are ages 3 to 14. 

Ironically, the lawsuit never uses the words "foster children." The Gourlay's five foster children are referred to as "persons who are not related to Defendant by either blood or marriage." 

"That's totally misleading," Corinna Gourlay said Monday. "They're trying to make it sound like we're running a boarding house. They're playing with words, and this is not a game." 

In addition to the foster children, the Gourlays have four kids of their own. Space is as much of a concern as money. It's not easy, Corinna Gourlay said, to fit 11 people in a five-bedroom, 1,700-square-foot house. 

The family receives $2,028 a month to cover expenses for the five foster children, who are between the ages of 3 and 14. 

"We're living month-to-month," Corinna Gourlay said. "We're strapped for cash." She said her husband, a grocery truck driver, volunteers for overtime so the family can pay the bills. 

She said the civic association "is really stretching the deed restrictions. They're really abusing their power." 

The lawsuit says the Gourlays "have created an annoyance or nuisance to the neighborhood." 

"We're going to fight it, even it means we lose our house," Corinna Gourlay said. "We'll give up our home and move somewhere else. We feel that strongly about the children we have." 

Once they are served with the lawsuit, the Gourlays will have 20 days to file a written response. The next step would be a hearing before a judge. 

Meanwhile, the Florida Attorney General's Office may join the Gourlays' fight. 

"We're definitely interested in the issue," said Allison Bethel, director of the civil rights division of the Attorney General's Office. "This could potentially be a problem under the Fair Housing Act or a violation of civil rights law." 

Even Gov. Jeb Bush has taken an interest in the lawsuit. 

"Foster care families are no different than any other family," the governor told reporters Monday. 

The lawsuit also alleges that the Gourlays violated deed restrictions by failing to get the association's permission for improvements or changes to the property. The complaint does not specify what those improvements or changes are. 

Corinna Gourlay said the association must be referring to the swing set and the trampoline in the backyard. The family hasn't built any additions to the house, she said. 

She said the controversy was affecting the foster children. 

"They have a lot of anger at the neighborhood," she said. "It's not good for them. They need a stable environment where they feel welcome." 

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