IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, OREGON Abby Jo Ovitsky Pine Ridge Park 6900 SW 195th Avenue 133 Aloha, Oregon 97007
* *
Plaintiff
* * * *
COMPLAINT FOR LIBEL [ORS135.733]; REPEATEDLY BLOCKING DISABLED PARKING SPACE [ 811.617] INVASION OF PERSONAL PRIVACY [ORS§163.700] FAILURE OF LANDLORD TO GIVE 24 HOURS NOTICE
v.
* * *
OF ACCESS TO PERSONAL PREMISES [90.322] DISCRIMINATION AGAINST INDIVIDUAL WITH DISABILITY IN REAL PROPERTY TRANSACTIONS PROHIBITED [§ 659A.145] subsection (g) refusing to make
Jim Ryan, Regional Manager
*
reasonable accommodations; HARRASSMENT [ORS§166.065];
Commonwealth Real Estate Services
*
DEAF CHOICE OF PRIMARY LANGUAGE
Adam Cook, named representative/agent
*
42 USC §12182(b) (2) (A) (iii)
18150 SW Boones Ferry Road Portland, OR 97224
* * * * * * * * * *
SEEKING PUNITIVE DAMAGES AND INJUNCTIVE RELIEF; JURY REQUESTED, REAL TIME CAPTIONING REQUESTED, $10,000 + costs
And Claudia Lopez, Community Manager Pine Ridge Park 214 6900 SW 195th Avenue Aloha, OR 97007
Defendants
Case No. C153663CV
* * *
* * * * *
Abby Jo Ovitsky states under penalty of perjury as follows: the facts stated herein are true and correct based on factual or personal knowledge unless stated “upon information and belief,” in which case plaintiff sincerely believes them to be true and correct.
JURISDICTIONAL STATEMENTS 1. That she is, and at all times relevant hereto was, a resident of the State of Oregon, County of Washington.
1|LIBEL COMPLAINT-OREGON
2.
The Defendants Jim Ryan and Claudia Lopez are and at all times relevant hereto were residents of
the State of Oregon. 3.
The Defendant “Commonwealth Real Estate Services” is a corporation formed under the laws of the
State of Oregon [See Secretary of State listing Exhibit A] with registry number 685634-86. The listing can be located on the internet at this link: http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=27632&p_srce=BR_INQ&p_print=FALSE. Adam Cook is listed as the representative as such he will be named and served as well. FACTUAL STATEMENTS The following is a first person narrative by plaintiff in her own words made as a declaration under penalty of perjury: 4.
On or about June 30, 2015, I documented three strange men in the street a few feet from my front law, who
were causing a disturbance. I went out to see why the dog was barking and found a large truck blocking my driveway, preventing me from using it. My car has a blue disabled placard on display. (Exhibit B) 5.
There is an additional sign letting persons know they are not to block a disabled parking space because it
violates ORS 811.617. The blue disabled placard and the ORS 811.617 warning signs are displayed in plain sight. (Exhibit C) 9.
There are additional signs on my doors with my email letting people know I am hyperacute which is a severe
hearing impairment. (Exhibit D) The sign reproduced in Exhibit D has been posted on my carport door since June 21, 2012. 10.
Despite all these signs a truck, which said “Sonicom” and “Frontier” in small print blocked the driveway. A
photo of that truck is available and was posted that day on social media. Another strange man was digging up my front lawn. Not one word of notice was given to me of this planned disturbance evidently organized by the alleged
2|LIBEL COMPLAINT-OREGON
Peeping Tom who was supervising. I asked the man to move the truck away from my driveway. He laughed and refused. I called Washington County Sheriff non-emergency number and asked them to make a routine traffic investigation on my street of a blocked disabled spot. They did so and the men their equipment and vehicles left. I have provided a photo of the man digging up my rose bush along with a photo of his truck and the number I called via deaf communication services on June 30, 2015 (Exhibit E). There were four bushes there now there are two. 11.
I reported these incidents with photos of each truck violating ORS 811.617. Each vehicle was moved
immediately after the driver received notice that I am home and aware of the violation. Each vehicle was then either parked properly or removed. Law enforcement made one report which is Washington County incident report number 151810860. As far as I know I made these reports with the full awareness of and encouragement by Claudia Lopez, resident manager, who told me in emails earlier this year that she discourages street parking. 12.
As I use no telephone but instead IP Text relay, a federal service, all of my calls are legally recorded. I
provided a transcript of the relay call with Washington Sheriff Deputy as well as photos of vehicles tearing up my lawn, blocking my driveway and causing a disturbance to me, which prevented me from quiet enjoyment of my home. I provided these at the time of these events directly to Claudia Lopez, residential manager. No action was taken to prevent further blocking of my driveway. 13.
On July 22, 2015, a tree company blocked my driveway again, and did not move the truck until after I called
the number printed on the truck via relay. My complaint to move the truck was made only to the company that parked it in violation of ORS 811.617. A photo of the truck blocking my disabled parking space is in Exhibit F. 14.
On August 1, 2015, a fire engine (see Exhibit G) blocked my driveway. I submitted a complaint to the
Tualatin Fire Department because it was their driver that blocked my driveway when he could have parked elsewhere. That complaint was a public complaint on FaceBook and it is still there. On each day the residential manager was given a copy FYI and not asked for anything other than enforcement of existing State law. The fire engine responded to what appears to be a false alarm possibly initiated by the alleged Peeping Tom because County workers were seen going to his house to confer with him at that time on that date. 15. I am an avid sun gazer and I mediate and pray in the nude inside my private home which I own and where I live by myself. I sometimes also sit nude in my private back yard after putting up barriers. Nobody can see me unless they really make an effort, I cover the area with vegetation and drapes. I expect adults to behave like adults. There is no law I know of preventing sunbathing in a private home or garden. Sunbathing has greatly improved my health
3|LIBEL COMPLAINT-OREGON
and to be forced to stop would cause further expensive damages. 16.
On November 26, 2013 I reported to Sheriff and to residential manager the neighbor across the street whose
photo is in Exhibit H for violating ORS 163.700 and looking into my windows when I sunbathe in the nude. This summer he stopped several times and stood outside my window watching me, and I took another photo of him. I have again, August 10, 2015 reported this man who is now an adult as a Peeping Tom for going out of his way to look at me in my private space, violating my privacy. 17.
On August 10, 2015 I received Exhibit I a letter on Commonwealth Real Estate Services letterhead. The
statements contained in the letter are false in that I did not CAUSE any disturbance, the people that blocked my driveway caused disturbance which I REPORTED. The man who watches me bathe is causing a disturbance. He came to me. I never left my private area. Many of my neighbors mow their lawns in a state of half dress, or light clothing on days such as we had in June and July 2015 when weather is over 96°F and I have no air conditioning. There is no park rule about private nudity inside the confines of a privately owned home or yard. I own my home. Further the statements are false in that they claim I used undefined, unexplained and undocumented profanity towards my neighbors. I do not make a habit of using profanity and there is no evidence I have. I do not talk to my neighbors, there is no evidence I did. I asked the drivers to move their rigs out of my carport so I could use my own disabled parking space and vehicle. I did not use profane language. There is no evidence I did. Both my realtor, Kevin Mapes and I have explained to Commonwealth at length that I am legally deaf, not now but in 2011 when I bought my home in defendant’s park. Surely defendant knows that deaf cannot control their volume, thus any allegation that I “scream loudly” is false, as I cannot hear my volume, “screaming” is an intentional act; and I am not capable of intentionally knowing what my volume is or controlling it. I avoid talking, I only asked for the trucks to be moved and I cannot take responsibility for my volume if I am provoked and it was by defendant’s own admission, midday, not midnight. I was talking over the noise of buzz saws and large drill presses brought by defendants’ agents. It was midday, there is no noise law in effect during the time these events occurred. I have notified Department of Justice Civil Rights Division, Enforcement regarding a new housing discrimination claim by deaf on account of deafness because deaf sometimes are accused of screaming
4|LIBEL COMPLAINT-OREGON
loudly when they cannot hear and have repeatedly asked for written language as I have. I am allowed First Amendment free speech at midday. I tried to talk. It was judged negatively as “screaming” “loud” and “profane,” even though I said please and never used any profane language and did not intentionally scream. Commonwealth’s use of the word “profane” without specification implies they also have no idea what words were observed or spoken, or by whom. “Profane” is a value judgment not a factual statement. I was ignored in spite of my effort to talk. I point people to the sig ns on my doors that say “deaf, no talking, and hyperacute” and to the emails which say the same. This landlord knows full well and for four years that I am deaf and that I cannot and do not talk to any person primarily because I cannot hear or control my volume. Any allegation that I have disturbed others’ peaceful enjoyment of their homes is ludicrous. Defendants come to me, dig up my front lawn, wake me up and spy on me in the nude. They block my driveway and treat me like a non-person. Then they lie about it, relying on gossip, innuendo, false assumptions but never on fact. Defendants are consistently treating me, a law abiding, rent and tax paying disabled person, home 24/7, very sensitive to sound, different and worse than anyone else here in the park who pays rent and minds their own business. Defendants are preventing me from using my car, preventing me from sleeping, and now they are accusing me of exactly what they are doing to me and which I have documented with photographs and police reports for fo ur years. 18.
The Defendant Commonwealth Real Estate Company (“Commonwealth”) did not check the facts
prior to sending this letter to me and publishing it also by sending copies to the resident manager. 19.
On August 10, 2015, I went to check my mail box as I do once a month and when something is delivered via
USPS and only after I receive email notice that something is in the box. Some months I only check the box to get the PG&E bill, I have told USPS this as well as all persons I do business with including Pine Ridge Park: do not use first class mail, I do not check. I avoid using first class mail and rely primarily on internet. When I found defendant’s July 27, 2015 letter, I immediately called the number at the bottom of the letter, which is 503-2442300. I made a total of six calls, the office staff and Jim Ryan both hung up on the federal relay service for deaf a number of times. They continued to hang up when I called back with information they requested so that I finally waited until late in the night to be able to leave a voicemail with that information so that they would not hang up and prevent me from answering questions they themselves asked.
5|LIBEL COMPLAINT-OREGON
20.
On one of those relay calls described in 19 above, I asked for Jim Ryan’s email so I could send him the
information he requested: the law enforcement incident number, any photos I have, previous emails sent to the residential manager which were misreported or ignored due to her admitted “stress.” I was given the email:
[email protected]. I composed for him eight emails summarizing the events alluded to in his letter to me dated July 27, 2015. This took me three hours. I sent each email with copies of transcripts and photographs backing up everything I tried to tell Mr. Ryan in the calls today when he hung up on me. These emails one by one have been returned unread to me, they each “bounced.” It has taken me so far seven (7) hours to compose this draft complaint and I estimate it will take another 10 hours to file it in court and have it served on the defendants if the defendants continue to ignore my valid claims. 21.
I am 57 years old this month and 100% disabled and indigent. I have no family other than a 19 year
old son who co-owns my mobile home and who is now away at college. I can supply the court with the same evidence of my hearing impairment as I supplied recently to Washington County Sheriff, namely the “fully favorable” SSDI ruling of 2009, which clearly states “severe hearing impairment” as the qualifying category. I write and pray all day, I am home 24/7. I do not have a schedule. I use my car whenever I need to without notice to any person. I have no savings and no property other than the home I live in. I find the comments made in the July 27, 2015 Commonwealth publication to be unfounded, threatening and malicious. I have provided information about my disability and the means of communication I require (email) since 2011 to The Commonwealth and they have ignored it thinking instead the worst about me and assuming the worst about me as if I have not already been here for four full years obeying all rule s and doing so joyfully but for these minor incidents which they now magnify. 22.
This libel has been distributed now to at least five people or more in the writing of it, the copying of
it and the conveying of my required response (else it be deemed silent assent), more if operators and sheriff’s staff are included.
FIRST CAUSE OF ACTION - LIBEL
23. The allegations contained in paragraphs 1 - 22, above, are repeated as if fully rewritten
6|LIBEL COMPLAINT-OREGON
herein. 24.
The statements contained in the July 27, 2015 letter by Jim Ryan, Regional Manager of
Commonwealth Real Estate Services “Commonwealth” are false. 25.
Jim Ryan had reason to know the statements to be false and acted intentionally in sending the letter
and publishing it. The photos and police report were given to the Commonwealth (Lopez) at the time of each occurrence. Ryan neglected to review the evidence, instead believing innuendo, gossip and “talk.” The same evidence was posted on social media, but Jim Ryan did not look for it online, after the residential manager (Lopez) asked me in writing to create a web page just for this park, although apparently now there are at least two such pages. The residential manager also asked me for more photos. I posted at the time of each occurrence photos of the trucks with a note of what happened showing trucks obviously blocking my driveway in front of the disabled placard and the sign saying “DO NOT BLOCK DRIVEWAY” 26.
To the extent that Jim Ryan did not know the statements to be false, he did not check facts, neglected
to check facts, and falsely accused me causing me harm. 27.
Residential Manager Lopez had advance notice of all of these statements and was provided with
photographic evidence as well as a transcript of my report to Sheriff about these issues at least one month ago, at the end of June or first week of July and she intentionally, maliciously and carelessly without regard to my welfare or safety, misrepresented factual evidence and/or withheld exculpatory evidence from Commonwealth. Lopez failed to comply with mandatory 24 notice of intrusion by landlord statute, ORS §90.322. There were three invasions of my privacy, June 30, 2015; July 22, 2015 and August 1, 2015, no notice was ever given. Two of those were planned events. Lopez was given advance written notice that noise will bother me as I am home 24/7 and I am sensitive to sound. Ms. Lopez displays an attitude of deliberate indifference to deaf and disabled, quite a hypocrisy given her statements in email to plaintiff in spring 2015 that she has a disabled daughter with spina bifida and therefore has empathy and understanding. 28.
The Commonwealth was negligent or acted recklessly in failing to determine whether the statements
contained in the letter were true before publishing it. 29.
Jim Ryan and Claudia Lopez were negligent or acted recklessly in falsely accusing Abby Jo Ovitsky of
7|LIBEL COMPLAINT-OREGON
any wrongdoing or violations of Pine Ridge Park rules instead of looking at pre-existing evidence they were already given namely: Sheriff Report, photographs of blocking trucks, Peeping Tom report.
30.
As specified below, Abby Jo Ovitsky was injured by the publishing of the letter and the broadcast
of false statements by Claudia Lopez and Jim Ryan.
SECOND CAUSE OF ACTION - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 31.
The allegations contained in paragraphs 1-30, above, are repeated as if full rewritten herein.
32.
By the act of publishing the letter, Jim Ryan and Claudia Lopez intended to cause Abby Jo Ovitsky
to suffer emotional distress, showing actual malice. 33.
The Defendants Commonwealth and Claudia Lopez caused the letter to be published with reckless
disregard of the probability that doing so would cause emotional distress to Abby Jo Ovitsky.
34.
The actions of the Defendants caused Abby Jo Ovitsky to suffer emotional distress and she was injured
thereby, as demonstrated below.
THIRD CAUSE OF ACTION - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 35.
The allegations contained in paragraphs 1- 34, above, are repeated as if fully rewritten herein.
36.
The emotional distress suffered by Abby Jo Ovitsky was serious or severe, to wit, she could not eat all day
on the date she learned of the libel, her sleep was disturbed. She was compelled to spend many hours further defending herself against false accusations.
37.
Abby Jo Ovitsky was injured by the actions of the Defendants, as demonstrated below.
FOURTH CAUSE OF ACTION - PUNITIVE DAMAGES 38.
The allegations contained in paragraphs 1- 37, above, are repeated as if fully rewritten herein.
39.
The actions of the Defendants were wanton, reckless and willful. These actions demonstrate patterns of
actual malice.
8|LIBEL COMPLAINT-OREGON
40.
The Defendants published the letter with reckless disregard as to whether the statements contained in
the letter were false or not.
41.
As specified below, the actions of the Defendants have caused injury to Abby Jo Ovitsky
SUMMARY OF STATE LAW VIOLATIONS JUNE-AUGUST 2015
1.
LIBEL [ORS135.733] text is attached as Exhibit J; a.
Residential manager Lopez and/or Regional manager Ryan published falsehood as described above, causing damages as described below.
2.
REPEATEDLY BLOCKING DISABLED PARKING SPACE [ 811.617] a.
On June 30, 2015, July 22, 2015 and August 1, 2015 the disabled parking space assigned by Commonwealth and Pine Ridge Park for which Abby Jo Ovitsky pays monthly rent was blocked and she was unable to move her car in or out of the assigned spot due to various drivers blocking the space which is posted with three signs: one on the door of the carport (Exhibit D); one on the car (Exhibit B) and one near the curb (Exhibit C). Each State law violation was photographed (Exhibits E, F, G, H). Each violation of State law was reported to Residential Manager as a violation. Each was ignored or misconstrued by that Residential Manager (Lopez). Law enforcement did investigate one such incident on June 30, 2015 and assigned the incident number 151810860.
b.
Upon information and belief, the multiple complaints described in the Commonwealth letter dated July 27, 2015 (Exhibit I) refer not to complaints initiated by neighbors but instead to the complaints by the DRIVERS of the vehicles after plaintiff called the numbers printed on their vehicles to report that they were violating ORS 811.617. The drivers reported what they interpreted subjectively as “screaming” because plaintiff is deaf and cannot hear herself. Also each and every driver was accompanied by a noise making device: drill press made a lot of noise on June 30, 2015; Tree trimmer had a buzz saw on July 22, 2015 and the ambulance and fire engine on August 1, 2015 had sirens. Only the latter was obviously not planned and is not complained of other than sloppy parking by the fire engine driver, who works for Tualatin Fire
9|LIBEL COMPLAINT-OREGON
Department which was the only entity plaintiff complained to other than to notify manager of constantly blocking in violation of 811.617.
3.
INVASION OF PERSONAL PRIVACY [ORS§163.700] a.
The man depicted in Exhibit H has been seen by plaintiff looking into her windows (alleged Peeping Tom) and on several occasions in July he stopped, turned and stared at plaintiff through the open window whilst she was sunbathing INSIDE HER HOME. Plaintiff notified Residential manager in spring 2015 that she sun gazes. The man in question has been reported to local Sheriff for Peeping Tom activities. No criminal complaint has been filed, however, upon information and belief a deputy has warned him to stop looking through plaintiff’s windows at plaintiff and to stop coming to her private space (backyard) to watch her sunbathe. Upon information and belief, it was he who complained about plaintiff’s attire.
4.
FAILURE OF LANDLORD TO GIVE 24 HOURS NOTICE OF ACCESS TO PERSONAL PREMISES [90.322] a.
On June 30, 2015 and July 22, 2015 loud noisy intrusions prevented plaintiff’s normal quiet enjoyment of her property as described by Jim Ryan in Exhibit I herein. No 24 hour notice was given as required by ORS 90.322 prior to the intrusions. Plaintiff is not responsible for her startle reaction when noisy unscheduled intrusions wake her up out of a deep sleep, and she does her best to communicate spontaneously given her severe hearing impairment. Plaintiff requested specific enforcement of ORS 90.322 prior to July 22, 2015 from Residential Manager Lopez via email and Lopez neglected to provide notice of an intrusion into plaintiff’s yards and carports by the communications company and by the tree trimming companies as required by ORS 90.322 after being put on notice that plaintiff is HYPERACUTE. There is also a sign on the carport door that, upon information and belief Lopez has seen which also states plaintiff is HYPERACUTE. Moreover, plaintiff has sent Lopez personal email explaining HYPERACUSIS.
5.
DISCRIMINATION AGAINST INDIVIDUAL WITH DISABILITY IN REAL PROPERTY TRANSACTIONS PROHIBITED [§ 659A.145] subsection (g) refusing to make a reasonable
10 | L I B E L C O M P L A I N T - O R E G O N
accommodation as described in that subsection. a.
Commonwealth failed to make a REASONABLE ACCOMMODATION to plaintiff according to the requirements of 659A.145 (g) because it is reasonable to ask people to read and write in English and they failed to do so. The residential manager has and uses email; has and uses digital photography as evidenced by recent newsletters. There is recent correspondence via email between Lopez and plaintiff asking plaintiff to take more digital photos and to post them. It is therefore reasonable for plaintiff to expect Lopez to read all emails ESPECIALLY THOSE THAT HAVE PHOTOS EVIDENCING VIOLATION OF 811.617; upon information and belief, Lopez did not read the emails or look at this photographic evidence until after receiving notice of this lawsuit before it was filed (draft copies were faxed to Commonwealth August 11, 2015 and posted on FaceBook to Commonwealth’s public page including photographs).
6.
HARRASSMENT [ORS§166.065]. All of the above have harassed plaintiff.
DAMAGES 1. As a direct and proximate result of the actions of the Defendants as detailed above, Abby Jo Ovitsky has been unable eat or sunbathe all day. 2. As a direct and proximate result of the actions of the Defendants as detailed above, Abby Jo Ovitsky has been unable to write for publication and she normally writes and publishes two articles per week on WikiNut and a variety of other websites. 3. As a direct and proximate result of the actions of the Defendants as detailed above, Abby Jo Ovitsky is uncomfortable in her own home due to constant invasions by the same neighbors who invade her space then blame her when she reports them for it to the Sheriff with a photograph of the invasion! The manger disregards hard evidence, takes sides, plays favorites, exercises unprofessional judgment and consistently treats plaintiff like a non-human because and only
11 | L I B E L C O M P L A I N T - O R E G O N
because she is deaf, on account only of a physical disability, she is treated by the resident manager Defendant Claudia Lopez and the Commonwealth as a nonhuman, as less than those who invade her space and point a finger at her for reporting, who automatically assume she is wrong before they even see her side and her photos and the law enforcement account of the events dated June 30, 2015. She alleges the false accusations and libel are retaliation for filing the first Sheriff’s report on June 30, 2015 as communicated to Jim Ryan on August 10, 2015 in a recorded conversation. The Commonwealth representative Jim Ryan did not know there was a Sheriff report on June 30, 2015, he did not check any facts. Defendant Lopez did know this and withheld or purposely misrep resented facts with the intention of harming defendant, hurting her, ups etting her and making her leave, upon information and belief, so that Ms. Lopez will have no further resident critics. 4. As a direct and proximate result of the actions of the Defendants as detailed above, plaintiff has been forced to become a prisoner in her own home, refusing to talk to anybody and retreating further into silence. 5. As a direct and proximate result of the actions of Defendants as described above, plaintiff has been unable to sleep as Defendants and each of them have encouraged disturbances without consequence to those causing the disturbance while all the while blaming her, a deaf hermit who does nothing but take photos and send emails. WHEREFORE, Plaintiff Abby Jo Ovitsky PRAYS: 1. That this Court enter judgment in her favor on all counts of this complaint;
12 | L I B E L C O M P L A I N T - O R E G O N
2. That this Court award her damages in the amount of $10,000 plus any relief the court deems just including professional time spent preparing pleadings, filing fees, service, etc. 3. That this Court further award her punitive damages and; 4. That this Court award her any and all other relief to which she may appear entitled, to wit: INJUNCTION ASKING THAT ALL FURTHER COMMUNICATION BE VIA EMAIL, THAT ALL PERSONS CEASE AND DESIST FROM KNOCKING ON THE DOOR, APPROACHING HER, TALKING TO OR AT HER FOR ANY REASON AND THAT THE ALLEGED PEEPING TOM STAY 100 FEET AWAY AT ALL TIMES, THAT THE RESIDENT MANAGER AND MR. RYAN and/or COMMONWEALTH USE ONLY EMAIL THIS REQUEST IS MADE IN ACCORDANCE WITH FEDERAL LAW [42 USC §12182(b)(2)(A)(iii)].
I will testify in court under penalty of perjury as to facts stated herein as true based on personal knowledge or factual evidence. As to the other facts, they are true upon information and belief. Dated this 12 th day of August 2015 in Aloha, Oregon.
Respectfully submitted, /s/ Abby Jo Ovitsky Plaintiff in Pro Se 6900 SW 195 th Avenue #133 E-Mail:
[email protected]
13 | L I B E L C O M P L A I N T - O R E G O N
