nudity & masturbation

[duper1]

What is the name of your state? California
My husband and I own a home with a private courtyard. No neighbors can see into our house or our courtyard. The new owner next door is building a second story addition. This addition will have direct views into my home and courtyard. My brother lives with us. he is mentally retarded, he spends several hours a day in the courtyard. Sometimes he takes his clothes off and plays in the water. He occasionally masturbates. My neighbor has been made aware of this fact and has told us once his second story addition is built we will have to keep my brother in the house and keep our curtains closed if my brother is going exhibit these behaviors.

My brother has had these behaviors for 30 years please don't advise me to train him.
My brother becomes very agitated if force to remain indoors. It is impossible for me to monitor him every minute. The reason we bought this house 15 years ago was because of the privacy and freedom it gave my brother. Our courtyard is very small there is no way for me to block the neighbor from seeing into our courtyard or house once his second story addition is built. The planning commission and building dept. was made aware of my concerns and has approved the second story addition. (There is no way to landscape this issue away, nor can we build some kind of structure to block his viewing of our courtyard or into our home.)

We are not in the position to sell our home and move. My husband is self-employed and he suffered and illness that he was bedridden with for over 7 months. We used the equity we had in our home to pay our bills.

My question is can my neighbor file charges if he witness my brother's behavior from his second story addition?

 

[nextwife]

Check your city codes and local laws. Likely, a private courtyard that is totally enclosed and not visible to the public, without making extrordinary efforts to see into it, would not be considered "public nudity" etc.

THis might be equivilant to using binoculars to see into someone's bedroom and then complaining that they are witnessing sexual acts in the room they are viewing.

However, perhaps an "easy" fix may be to rig a pair of flagpoles angled off the wall near roof height, and to hang a type of awning on their side that could shield the view from their direction.

 

[BelizeBreeze]

DUPLICATE POST:
https://forum.freeadvice.com/showthread.php?t=326285

 

[Ohiogal]

Yes he can because this would be considered public indecency. Your brother would be in view of the public. Just because it is on your property doesnt change anything if it can be viewed by others from their property. Your brother should have been socialized not to do this in public. Is your brother in counseling? Is your brother receiving treatment? You may need to hire a nurse or assistant to make sure that your brother does not engage in this behavior while outdoors.
Your concerns about your brother's proclivities are not your neighbor's responsibility nor should they be penalized for them.

 

[BelizeBreeze]

AGAIN!!!
DUPLICATE POST:
https://forum.freeadvice.com/showthread.php?t=326285

 

[Ohiogal]

Check your city codes and local laws. Likely, a private courtyard that is totally enclosed and not visible to the public, without making extrordinary efforts to see into it, would not be considered "public nudity" etc.

THis might be equivilant to using binoculars to see into someone's bedroom and then complaining that they are witnessing sexual acts in the room they are viewing.

However, perhaps an "easy" fix may be to rig a pair of flagpoles angled off the wall near roof height, and to hang a type of awning on their side that could shield the view from their direction.

As I said in my post -- must have been posting before yours hit -- if it can be seen by others from their property without extraordinary measures (such as binoculars) it could be considered public indecency. Technically it is public indecency. But the prosecutor would have the option of whether or not to prosecute.

 

[BelizeBreeze]

AND AGAIN!!!
DUPLICATE POST:
https://forum.freeadvice.com/showthread.php?t=326285

 

[duper1]

Yes he can because this would be considered public indecency. Your brother would be in view of the public. Just because it is on your property doesn't change anything if it can be viewed by others from their property. Your brother should have been socialized not to do this in public. Is your brother in counseling? Is your brother receiving treatment? You may need to hire a nurse or assistant to make sure that your brother does not engage in this behavior while outdoors.
Your concerns about your brother's proclivities are not your neighbor's responsibility nor should they be penalized for them.

My brother has an IQ of 9. He is profoundly retarded. He does not feed himself, or does he toilet himself. You have got to be kidding "should have been socialized" "counseling" you have no clue do you? As for hiring a nurse what planet do you live on? The little money my brother receives does not even cover is medication. My neighbor was has chosen to do an addition to his home so he can rent out rooms to people he sneaks across the border. He's not even here legally. It is my family that is being penalized.

 

[justalayman]

My neighbor was has chosen to do an addition to his home so he can rent out rooms to people he sneaks across the border. He's not even here legally. It is my family that is being penalized.

You've been here before haven't you. It was a different screen name but the story is the same.

Same answers this time as last time though.

 

[Shay-Pari'e]

You've been here before haven't you. It was a different screen name but the story is the same.

Same answers this time as last time though.

Except the last time there was no mention of her brother, just that her neighbor was adding on and going to be renting out rooms. (If I remember correctly).

 

[rmet4nzkx]

My brother has an IQ of 9. He is profoundly retarded. He does not feed himself, or does he toilet himself. You have got to be kidding "should have been socialized" "counseling" you have no clue do you? As for hiring a nurse what planet do you live on? The little money my brother receives does not even cover is medication. My neighbor was has chosen to do an addition to his home so he can rent out rooms to people he sneaks across the border. He's not even here legally. It is my family that is being penalized.

Your brother may be profoundly retarded but he has an IQ of more than 9! And if he requires such care the state has programs available for all of this including his medication so why have you not applied for them? Something is profoundly wrong with your posts and your version of the facts. If you cannot adequately care for your brother he should be removed from your care.

 

[justalayman]

Except the last time there was no mention of her brother, just that her neighbor was adding on and going to be renting out rooms. (If I remember correctly).

Actually it seems like it was a sister involved last time.

The gender is different but the attitude is the same.

 

[rmet4nzkx]

You've been here before haven't you. It was a different screen name but the story is the same.

Same answers this time as last time though.

Is this the thread?
https://forum.freeadvice.com/showthread.php?t=320523

 

[justalayman]

Is this the thread?
https://forum.freeadvice.com/showthread.php?t=320523

Yes, that is the one. This comment hit very close to home with this thread:

It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard.

second story addition. It would look directly into our enclosed private courtyard

exhibits inappropriate behavior, such as exposing herself.

Neighbor say he could care less about our need for privacy. He makes $500.00 from each renter and intends to make as much money as he can. All and I mean every neighbor on our street as well as several homeowners the adjacent street have contacted the City about the proposed addition because of the parking problem created by this homeowner. He and his renters currently take up 75% of the street parking. With this addition he will be making the parking, traffic and noise problem even worse. This neighbor has stolen our sense of security by renting to illegal aliens. He states “they make better tenants because they don’t complain and pay in cash” . These are his words, not mine.

and from this thread:

The reason we bought this house 15 years ago was because of the privacy and freedom it gave my brother

This addition will have direct views into my home and courtyard.

he spends several hours a day in the courtyard. Sometimes he takes his clothes off and plays in the water. He occasionally masturbates.

My neighbor was has chosen to do an addition to his home so he can rent out rooms to people he sneaks across the border.

Coincidence? Possibly.
If so, my apologies to the OP but I would suggest getting hold of the other poster and work towards seeking governmental support to aid all those in this type of situation. While I generally do not advocate governmental intrusion into personal freedoms, the people of concern in these two posts do present special problems in society and I believe some form of protection is not totally uncalled for.

 

[whataboutbob]

Your brother may be profoundly retarded but he has an IQ of more than 9! And if he requires such care the state has programs available for all of this including his medication so why have you not applied for them? Something is profoundly wrong with your posts and your version of the facts. If you cannot adequately care for your brother he should be removed from your care.

People who do not have retarded or handicapped family members cannot understand your problem, in fact, these answers are from people who are in favor of abortion and Euthanasia. Definitely check local ordinances, but since your property has existed this way for the length of time it has, you do have legal rights. Check to see how nudity (swimming pool, etc) applies to local law, then go to the prosecutor and see about getting an injunction to stop his construction. No matter what, you'll need an attorney. Check with your local TV station "HELP" guy. It is not illegal to care for someone handicapped or retarded, even if they do what is outside our "norm". All we can hope for is that none of these Bozo's ever have a "less than perfect" family member. We'll keep you in prayer.