A San Jose mother says she is saddened that a former neighbor is now suing her because her child is on the autism spectrum.
The mother says she even moved out of the home she was renting with her parents to avoid conflict. But the lawsuit came anyway, asking for a court to declare the child a "nuisance."
"He's a happy, loving, innocent little boy who just cares about his McDonald's," Serena Arvayo said of her son, Ezequiel, who is also known as Zeek.
The boy suffers from what is referred to as Level 3 autism — a severe form of the disorder.
"My son isn't able to speak, so he only able to produce sounds," Arvayo said. "And it's called vocal stimming."
The family used to live in a west San Jose home with Zeek's grandparents. But Arvayo said she had to move her son out because their next door neighbor complained about the noise coming from the backyard.
Arvayo said it was Zeek's grunting, the only vocal sound he is able to produce.
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The family now only returns to the home to visit Zeek's grandparents, and now they have been hit with a lawsuit.
In the lawsuit, the neighbor is suing the family and the landlord claiming the child should be considered a nuisance and should not be allowed around the home again.
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Zeek's mother has now countersued, saying at one point the neighbor called the grunts "disgusting."
"It was deeply offensive," Arvayo said. "I think the issue is the lack of understanding for this form of autism."
The neighbor's lawyer said the complaint speaks for itself. That lawsuit also said there are frequent loud parties at the home with amplified music.
NBC Bay Area has seen the lawsuit and is withholding the neighbor’s name until it receives a statement.
A separate neighbor told NBC Bay Area she has to close her door when Zeek is playing in the backyard because of the noises.
Arvayo's lawyer said the neighbor's lawsuit also asks for monetary damages for the loss of use and enjoyment of their property.
"Since COVID we've seen a lot more what I call crazy lawsuits. Mean-spirited lawsuits," said Ron Rossi, Arvayo's lawyer.
The countersuit claims Zeek's family has suffered emotional distress and is asking for the harassment to stop.
"It was deeply, deeply hurtful," Arvayo said. "Especially because my son can't defend himself because he's innocent-minded. That's why I'm doing this because I'm defending him and I'm his voice."
Arvayo studied the effects of autism and has written a children's book in two languages so children can be more understanding and accepting of a child on the spectrum.
But now Arvayo said she is confident it might be a good read for some adults as well.
