Chester County Common Pleas Judge Jeffrey R. Sommer has denied a request that litigants in an ongoing dispute pay the legal fees of a gay couple.
Keith Davis and David Ruth live in the Bucktoe Manor subdivision of New Garden Township, Chester County. In 2014, they erected a fence for safety reasons but several neighbors filed suit, claiming the fence was too high and an eyesore.
The men contend neighbors sued in bad faith to coerce them into leaving the area due to homophobia.
In June, Sommer ruled that the fence may remain. But last month, the judge denied the couple’s request that plaintiffs pay their legal fees, which total about $80,000.
The couple has also suffered harassment and vandalism of their property, including having “Get Out Fags!” painted on their garage. They don’t accuse plaintiffs of the vandalism.
Davis owns a company that installs electronic medical-records systems.
“I was unable to work for long periods of time due to the litigation, the vandalism and ongoing harassment, which caused my company to fail,” Davis told PGN.
Davis expressed disappointment with Sommer’s ruling. He said the couple raised about $50,000 through a GoFundMe campaign, but the couple’s debts far exceed that amount.
“It will be a very uphill battle for us to remain in this house, which is our fervent hope, but might not be possible due to a lack of funds. Our goal is to raise $77,000,” Davis said.
In an email, Davis provided additional details of the couple’s struggle:
“My only wish is that there were some way to make Judge Sommer aware of the gravity of what our family has had to endure throughout this process,” Davis said. “I find it to be extremely unjust that neighbors can band together and financially devastate another family in order to force them to leave.”
He said the family is now $250,000 in debt, which is impacting the couple’s ability to marry and complete the adoption of their sons.
“Since we also support my disabled parents, they, too, are affected by this, and are now at risk of having their home foreclosed upon,” Davis added. “I am working two jobs and still can’t make ends meet with the insurmountable debt that looms over our heads. While we are forced to deal with everything that has been thrust upon our family against our will over the last 18 months, we get to watch our persecuting neighbors go on multiple vacations, make improvements to their homes and enjoy their pools.
He added that, between the improvements to the house and the legal fees, they have $150,000 invested into a home that they may have to leave.
“We greatly appreciate all the support we have gotten from people all over the country, as well as outside of the U.S. But the fundraising goal we set was the absolute minimum needed to keep us in our home. GoFundMe retains 15 percent of all funds raised. We still need to pay the remaining balance of legal fees as well as other bills that went unpaid when we lost our business,” Davis said. “All of this [was] caused by a group of small-minded individuals who actively decided to destroy our same-sex family and force us from our beloved home. It is extremely depressing that, in the end, our family still loses.”
Davis said a Luau Party fundraiser will be held at their residence 6 p.m.-9 p.m. Sept. 9. The men hope to raise sufficient funds to pay their legal fees and possibly money to stay in their home.
For more information, visit www.eventbrite.com/e/love-is-love-luau-tickets-26720940051.
Brian C. LeGrow, an attorney for plaintiffs, said his clients are pleased with Sommer’s denial of legal fees.
“[M]y clients are pleased with the outcome of the [Ruth-Davis] petition [for legal fees] and maintain that they have never engaged in any of the alleged nefarious conduct,” LeGrow said in an email. “They are hopeful that this matter is concluded.”