CULBREATH ISLES - Mac Greco Jr. drove his pickup over a curb, onto private property and through a gate. He's not denying that. 
He just doesn't think he did anything wrong. 

Greco has lived in this south Tampa neighborhood since 1986 and says the gate infringes upon his rights. The gate blocks a public road and access to his house, and he says it shouldn't be there. 

"You don't have to study a lot about civil rights and equal rights to understand this [gate] is fundamentally wrong,'' the 55-year-old lawyer said. 

The incident occurred Jan. 11. The Culbreath Isles Property Owners Association sued Greco on Jan. 22 for damaging private property. It is seeking $5,000 to $15,000 in damages. 

Greco countersued Feb. 11. He doesn't think he should have to pay damages, and he wants the gate removed. He also demands $600 to fix his Ford F-250 pickup. 

"The guard was obstructing a public street, and I wanted to go home,'' Greco said. 

In 2000, the city allowed Culbreath Isles homeowners to add gates to their guardhouse off South West Shore Boulevard so they could feel safer. 

"Everybody in our community [except Greco] is 120 percent in favor of the gating,'' said attorney Ted Taub, a Culbreath Isles resident who is handling the case for the neighborhood association. 

Roads in Culbreath Isles are public, so anyone can enter without stating a destination. But a guard greets visitors with, ``Welcome to Culbreath Isles. How may I help you?'' 

Even if people refuse to provide information, they get admitted, Taub said. There's no third-degree, and some people simply need directions. ``The gate goes up frequently even before the greeting occurs,'' he said. 

But the guard's question alone is an infringement of civil rights, said George Vaka, Greco's attorney. 

"You've got citizens driving through that are being interrogated - even in a nice way - about their comings and goings, and that's something an association clearly doesn't have the right to do. They don't have a right to ask 'How are you doing?' much less 'How can I help you?' '' 

Greco has opposed the gates since their installation Nov. 23, 2001. He even contacted his neighborhood association's property management company in February 2002 to complain. 

But he didn't take action until Jan. 11, when he pulled up to the residents' gate. He wasn't granted immediate access because his truck didn't have a neighborhood decal on it, so he honked his horn to be let in. He said the guard still wouldn't let him in. 

"I probably told [the guard] three or four times, `If you don't open the gate, I'm going to knock it down. He just stood there looking at me.' '' 

Mahdi Mansour, a city transportation planning engineer, said Heritage Isles in New Tampa is the only other gated public neighborhood in Tampa. Mansour said most residents are not bothered by the gates.