People with children are allowed to let them play in the yard. This is true even for children who don’t go to a regular school. CBS Dallas Fort Worth reports,
But Counts is being sued for a playhouse that her neighbors say is upsetting their “tranquil quality of life” and quote “creating noise issues as well as visibility issues for them and their pets,” according to minutes from an HOA meeting.
Those neighbors are Irving and Anita Ward.
Irving Ward declined to comment on his lawsuit or the Counts lawsuit against him over the explicit music they claim is retaliation.
“I have nothing to say. I have to call my attorney,” he told CBS11.
But the Wards argue that because the 10, 7, 4 and 2 year old children are homeschooled, the noise never stops.
“The Wards have never once asked me to tone down the noise of the kids playing,” says Counts.
Kelly Counts says she’s tried to work with her neighbors but they refuse.
What bothers me about this story is that an attorney actually took the neighbors’ case. I assume that means that the attorney thinks the complaint has merit. How can that possibly be? Is it because he or she believes that homeschooling is some kind of fringe activity that makes the children’s use of the playhouse questionable?
A judge needs to throw the case out.