Foster Family, Homeowners Association
Swap Lawsuits

 
By LISA A. DAVIS 
Article Courtesy of the Tampa Tribune
Published November 26, 2002 

PORT RICHEY - Foster parents in a tangle with their homeowners association are asking a federal court to block a lawsuit filed against them last month in state court. 
Steven and Corinna Gourlay were sued by Forest Lake Estates Civic Association, which alleges they are violating deed restrictions because they accept payment to provide foster care. 

The civic group argues taking care of five foster children is a business. The Gourlays, who also have four biological children, get about $24,000 annually to cover expenses associated with the foster children, ages 2 to 14. 

Oct. 22, the Gourlays and the Tampa chapter of the American Civil Liberties Union sued the association and its vice president, Walter Lucas, in federal court, saying the group is violating state and federal housing laws that prohibit discrimination based on family status. 

In addition to asking a judge to stop the state lawsuit from going forward, the Gourlays' new motion asks that members of the civic group stop harassing them. 

The Gourlays say association members have taken pictures of their home and the children. 

``If the injunction is granted, that would be a real good sign that the court agrees with our analysis of what has gone on,'' said Matthew Moore, the Gourlays' attorney. 

Donald Peyton, the association's lawyer, could not be reached for comment Monday. 

A hearing on the matter hasn't been scheduled. 

The situation is wearing on the Gourlays, Moore said. 

``The stress of litigating is difficult to them,'' he said. ``It's sad that this is happening when all they are trying to do is help someone.'' 


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