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Disabled man files federal complaint against city over yard
By THOMAS MICHALSKI
Article published on Friday, Jan. 20, 2006 |
PINELLAS PARK – A disabled man who lost a leg to diabetes and is ordered by the city to remove wheelchairs and other items from his front yard has filed federal discrimination charges, claiming that officials are using local zoning ordinances to intimidate him.
Marshall Cook, 9300 54th St., who is also running for City Council in March elections, is under orders by the code enforcement board to clean up his front yard or face fines that can run into the thousands of dollars.
Further action by the city’s code enforcement board may be delayed until the discrimination case is resolved.
On Nov. 21 Cook pleaded innocent and was to face the special master of the community compliance board again on Jan. 19.
Noncompliance could mean a $250- to $500-a-day fine.
Code enforcement officers want him to clear the front yard of wheelchairs that are in various stages of disrepair, wagons, sandbags and a large tent.
Cook’s lawyer, Edward G. Helm of St. Petersburg, did not wish to comment until he conferred with his client.
In a complaint filed with the Pinellas County Office of Human Rights and the U.S. Department of Housing and Urban Development, Cook and his wife, Cherie, who also is disabled, alleges that the city and its code enforcement board are using local ordinances to discriminate against him in areas of zoning and land use.
The complaint also states that the city failed to make “reasonable accommodations” that Cook says are required because of his handicap.
The grievance alleges that Cook has been “coerced, intimidated and threatened” by city enforcers.
Cook said the extra wheelchairs in his front yard constantly need recharging because he daily travels all over the city.
He said the red wagons also stored there are used to transport the chairs.
Cook has been known to string six to eight wagons together for shopping trips to distant sections of the city.
Last July Tom Shovlin, assistant city manager, denied a “reasonable accommodation” request, claiming that the city is not required to provide exemptions from zoning laws as it pertains to outside storage.
City officials did not comment about Cook’s most recent pending charges.
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Article published on Friday, Jan. 20, 2006
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