David Ruth and Keith Davis have renewed hope they’ll be able to stay in their Chester County home after a judge ruled this week that their security fence can remain.
The couple allegedly has been the target of continual harassment by some neighbors in the Bucktoe Manor subdivision of New Garden Township. Anti-LGBT slurs have been directed at their children, “Get Out Fags!” was painted on their garage doors and their property has been repeatedly vandalized.
In 2014, the couple erected a 6-foot security fence for protection. But some neighbors say a covenant governing the Bucktoe Manor subdivision caps the height of residential fences at 4 feet.
In March 2015, neighbors filed suit to have the fence removed, resulting in lengthy and costly litigation for the couple. They view the lawsuit as more harassment to get them to leave.
In an 18-page opinion issued June 20, Common Pleas Judge Jeffrey R. Sommer appeared to agree.
“This case is not at all about a fence,” Sommer wrote.
Sommer noted that one neighbor, Ryan Carpenter, allegedly yelled anti-LGBT slurs in the direction of the Ruth-Davis household, ostensibly because of their barking dogs.
“Mr. Carpenter testified that the Davis/Ruth dogs would bark,” Sommer wrote. “When this occurred, Mr. Carpenter would stand on his deck and yell at the dogs. Mr. Carpenter acknowledged that he would yell ‘other things,’ which included homophobic slurs. It appeared unlikely to the court that the homophobic slurs were directed at the dogs.”
Sommer also noted that the covenant at issue lacks merit. “This restriction conveys no substantial benefit to the landowners,” Sommer wrote. “The fence as built can remain in place.”
Moreover, the judge noted that even if the covenant had merit, there’s no adequate mechanism in place for its enforcement. “There was no [enforcement committee], there were no rules, there was no procedure and, in short, there was no due process.”
Davis, 36, said litigation costs have totaled about $65,000, and the fence itself cost $20,000. He expressed hope that plaintiffs won’t appeal Sommer’s ruling, which would drive up legal fees.
“It’s been 15 months of hell,” Davis told PGN. “But we’re extremely pleased with the judge’s ruling. He acknowledged all the facts of the case and applied the law in an appropriate manner. We’re hoping this litigation is now finally over.”
Davis also commended his attorneys, Mary Ann Rossi and J. Charles Gerbron Jr. “Our attorneys have been phenomenal,” Davis said. “They’re a credit to their field.”
L. Theodore Hoeppe, an attorney for the plaintiffs, couldn’t be reached for comment.
In a prior interview, Hoeppe said his clients have a legitimate concern about their fence. Hoeppe also said his clients didn’t commit any acts of vandalism on the Ruth-Davis property, and weren’t motivated by anti-LGBT animus when filing suit.