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Mother complains his civil rights are violated by condo association
By Rick ArmonBeacon Journal staff writer
Published on Tuesday, Jul 31, 2007
An Akron mother and the Fair Housing Advocates Association have filed civil rights complaints against her condo association, saying the group is prohibiting infants and toddlers from the swimming pool because of fears over unwanted pee and poop.
The complaints were filed with the Ohio Civil Rights Commission this month after Suzanne Malcom was told twice this year that she wasn't allowed to bring her 1-year-old son Lucas to the outdoor pool at the Seven Stories East Condominiums on East Market Street.
''As a parent, it's my responsibility to defend his rights,'' she said Monday afternoon during an interview in her small, fourth-floor porch that overlooks the pool.
Malcom, 35, a full-time student at the University of Akron, claimed that a board member approached her in mid-June as she and Lucas were entering the pool and asked if the boy was potty trained. Lucas was wearing a swim diaper and is potty trained, she said.
''It was upsetting,'' said Malcom, who has lived at the brick, seven-story complex for about a year with her grandmother. ''He enjoys being down in the pool and it's embarrassing to have someone come up to you and ask if he's potty trained and say he's not allowed in there.''
It was the second time she was told not to bring Lucas to the pool, she said. She, however, was welcome.
The condo board then enacted a rule that bars children under the age of 3 from the pool, claiming it's a health and safety issue, Malcom said.
A woman who answered the telephone at the condo association declined to comment.
Seven Stories East has a spotty record with the Civil Rights Commission. The group was sued in 1995 for discrimination against a family and the case was settled out of court. Two years later, the group was sued again for discrimination against families with children and again it was settled out of court.
The commission also is investigating a complaint filed last month about accessibility for disabled persons.
''This association, based on past experience, has a stubborn mind-set when it comes to families with children,'' said Vincent Curry, executive director of the Fair Housing Advocates Association. ''I don't understand why.''
For years, the condo complex didn't allow children to live there, Curry said. At one time, there was even a sign notifying owners and renters of the rule, Malcom said.
Curry called the rule a violation of federal and state housing laws.
It also is silly that only children under 3 aren't allowed in the pool, since there is nothing to prevent a 4-year-old or even an elderly person from relieving themselves while in the water, Curry said.
The Civil Rights Commission, which receives about 6,000 complaints each year, will investigate and likely come to a conclusion within about four months, spokeswoman Toni Delgado said.
Only 5 percent of complaints ultimately lead to fines or lawsuits, with the majority being settled during mediation or determined to be unfounded, she said.
Malcom said she hopes the complaints lead to children being allowed back in the pool and before it closes for the year.
''There are families who live here in these condos and I don't think these six board members have the right to deny any tenant access to any common areas,'' she said. ''Once they say children can't go in the pool, are they going to say children can't go in the game house or in the yard?''
Rick Armon can be reached at 330-996-3569 or rarmon@thebeaconjournal.com.
An Akron mother and the Fair Housing Advocates Association have filed civil rights complaints against her condo association, saying the group is prohibiting infants and toddlers from the swimming pool because of fears over unwanted pee and poop.
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