North Ridgeville Mother Fights To Keep Autistic Son's Swing Set

June 8, 2008

Mother Fights To Keep Autistic Son's Swing Set

POSTED: 4:20 pm EDT June 5, 2008

UPDATED: 5:10 pm EDT June 5, 2008

NORTH RIDGEVILLE, Ohio -- A Lorain County family is battling to keep

a back yard swing set that brings a lot of happiness to an autistic

boy.

The problem is that the swing set violates neighborhood rules.

Chapek, 8, plays on his play set almost every day behind

his house in the Meadow Lakes subdivision.

His mother, , has cerebral palsy and uses a wheelchair, so

losing the swing set would be a big blow to the North Ridgeville

family.

" I can't take drive him to the park. He's going to have no place to

play outside, " said Chapek.

This week, Chapek received a letter from the homeowner's

association, telling her to take down the swing set or face a $100

fine each month, and is devastated.

" He's saying, 'Mommy, did they take my swing set down this morning?

Are they going to take it away from me? What day are they going to

take it away from me?' " Chapek said.

Barry Barnett, the managing agent for the association, said the

Chapeks live in a part of the subdivision that has property

restrictions.

" One of the restrictions, as it clearly states in the documents, is

play apparatus not permitted, " Barnett said.

But Chapek claims she received verbal permission for the play set

two years ago when the association was under different management.

The new management told NewsChannel5 that the board of trustees for

the subdivision will likely let the swing set stay if the Chapek

family asks for a variance and the neighbors are OK with it.

" I expect this situation should be resolved by early next week at

the latest, " Barnett said.

Chapek hopes it gets resolved; otherwise, she said she's planning to

protest.

" I'm going to sit up at the top of the development where they're

selling homes and I'm going to tape a sign to my wheelchair and

picket if I have to, " she said.

Chapek said she'll do whatever she has to do so that has a

place to play

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