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Article Courtesy of The
Herald-Tribune
By Chris Anderson
Published August 21, 2019
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A
Gulf War vet built a fence to protect his autistic son; now a Bradenton HOA
wants it down.
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Mason Morley was born
in Russia. His mother was addicted to heroin, so labor was
induced. He is autistic.
Mason was adopted by Mike and Michelle
Morley when he was 6 months old. They moved to Bradenton
from Los Angeles in the spring and bought a nice house in a
community called Harbour Walk. Mike is a Gulf War veteran, a
Marine and a retired United States marshal who keeps a
20-foot American flag in his yard wherever he lives. He’s
been shot at, stabbed, injured his back on a helicopter and
suffers from hearing loss.
Mason, 9, is a really interesting kid, Mike will tell you.
Just the other day they were on their way to school when
Mason asked his dad if he knew the Florida Hazmat
regulations. Apparently he had been brushing up on them the
night before. Once, his father caught him watching a
documentary on World War I — in German. And go ahead, ask
him to name a general in the Battle of Guastalla in 1734. He
knows things like that.
But Mason needs to get outside, his doctors say. Kick the
soccer ball around. Run. Breathe. Be a kid. Do more than
memorize generals. But he’s prone to wandering. What if he
leaves the yard and drowns in the canal? What if he gets hit
by a car?
And that’s where the fence comes in.
The homeowners association guidelines
allow for white iron fences not higher than four feet, not
longer than 12. Morley had one built that was 28 feet long,
and this is a big problem. |
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Mike Morley had a fence constructed at his Harbour
Walk home in Bradentonfor the safety of his autistic son. The
homeowners association says it does not comply with regulations and
must be removed.
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At first Morley told the HOA the extra room was for Bullet, his retired
explosives dog. He didn’t want to bring Mason into it. But after the HOA
denied the fence application, Morley told them the real reason — his son and
his safety. It didn’t matter. The fence is in violation. The HOA wants it
down.
“The association will not allow your clients to subvert the rules and
regulations contained in the Declaration and other governing documents of
the Association which they agreed to when they purchased a home in Harbour
Walk,” wrote Michael Prohidney, the HOA attorney, to Lori Dorman, the
family’s attorney.
Mike Morley says he has been fined $100 a day for last two months, and lien
has been placed on the property. He has filed a U.S. Department of Housing
and Urban Development complaint and is planning a discrimination lawsuit.
“I’m not backing down,” he said.
This is a tough call. Rules are made to be followed, obviously, and a
retired U.S. marshal should understand that better than most. Recently
speaking before the HOA, Michelle Morley even said, “We did things out of
order.”
She also added: “But our focus is, and always will be, what does our son
need?”
The HOA guidelines state that distances beyond 12 feet “may be considered.”
Wouldn’t this situation constitute “consideration?” Can’t an exception be
made for a 50-year-old man who served his country during war for a fence
that cannot be seen from the street? Is it really bothering anyone if a
9-year-old autistic boy born to a heroin addict in Russia has a little more
room to play safely in his yard?
Then again, there are those pesky rules.
One night, Mason approached Mike and apologized for being autistic and
causing so much trouble.
“You’re not causing any trouble,” Mike assured him. “Why do you say that?”
“Because Mommy and Daddy are talking about the fence again,” he said.
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