Neighbors opposed to a security fence erected by a gay couple in Chester County won’t appeal a court ruling that allows the fence to stay.
The deadline to file a notice of appeal was July 20.
“We’re relieved that there’s not an appeal,” said Keith Davis, who erected the fence with his partner David Ruth in 2014. “These next few months will be the determining factor, as to whether we’ll be able to afford to stay in our home. I’m working two jobs to dig ourselves out of the insurmountable debt caused by the litigation, harassment and vandalism we’ve experienced.”
Davis, Ruth and their two children live in the Bucktoe Manor subdivision of New Garden, Chester County. The 6-foot fence was necessary due to security concerns, the couple said.
The fence has been vandalized, an alarm system has been tampered with, anti-LGBT slurs have been hurled at the family and “Get Out Fags!” was spray-painted on their garage doors, according to court records.
In March 2015, several neighbors filed suit to have the fence removed, claiming it violates a covenant in the subdivision that caps the height of fences at 4 feet.
After a daylong hearing in June, Common Pleas Judge Jeffrey R. Somer dismissed the neighbors’ suit as meritless.
Meanwhile, the couple has incurred about $60,000 in legal fees. Prior to the litigation, the couple spent $20,000 to erect the fence.
So far, the couple has raised about $50,000 through a GoFundMe campaign to help pay their legal fees. About 1,150 people have donated to the campaign.
“We’re thrilled with the donations,” Davis said. “We’re so happy with the support. And the media support has also been very gratifying. Every donor will get a personal thank-you from us. It will take time. But I hope everyone will understand.”
The couple plans to hold a fundraiser at their residence, scheduled from 6-9 p.m. Aug. 15.
“The whole idea is to bring our community together,” Davis said. “This is going to be a great way to do that. We want to meet the people who’ve supported us — and thank them in person. It’s also a way to recoup some of our funds. We’re going to have a 50-50 raffle and a silent auction. There will be food. And we’re trying to get a live band.”
The event is entitled “Love is Love Luau Party.” For more information about the fundraiser, click on https://www.eventbrite.com/e/love-is-love-luau-tickets-26720940051.