The key facts

  • The neighbor demanded an end to a 'public nuisance' over the sounds the boy made in the backyard
  • Jurors ordered her to pay $8 million on the family's counterclaim
  • The family says the conflict forced them to move out of their rental home

A dispute over backyard noises

A California court has ordered a woman to pay $8 million to the family of an 11-year-old boy with autism after a dispute over the sounds the child made in the backyard. This was reported by the New York Post citing the jury's verdict.

Cross-claims

Ezekiel Arvayo lives with his single mother, Serena, and is nonverbal. The family was renting a house on Boynton Avenue in San Jose until December 2023, when a neighbor filed a lawsuit demanding an end to a 'public nuisance.' She claimed that the boy was allegedly left unattended in the backyard, that he 'howled and screamed for hours,' interfering with her work and causing her emotional distress. In September, that lawsuit was dismissed.

What the court found

During the proceedings, it was established that Ezekiel has a diagnosis of level 3 autism, requires constant supervision, and that vocal sounds are one of the ways he expresses his emotions. On weekdays from 8:00 a.m. to 6:00 p.m., the boy attends school and behavioral therapy. According to the family, the neighbor called Ezekiel a 'blight on society' and, in his presence, asked his mother whether there was a 'cure' for autism; the family also stated that because of the conflict they had to move out of the rental home. After hearing both sides, the jury ruled in favor of the family's counterclaim, finding that the woman had intentionally caused emotional harm to the child and his mother.

Similar cases

Gazeta.Ru recalls a similar ruling in a separate article: a court previously ordered a man to pay compensation to his wife, whom he called a 'turtle' and a 'cat.' Details of that case are not provided in the available materials.