Neighbor who called 11-year-old autistic boy a ‘public nuisance’ ordered to pay $8M after allegedly asking if there was a ‘cure’

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A Northern California family was awarded $8 million after a neighbor sued over an autistic boy’s backyard outbursts, calling him a “public nuisance.”

The Santa Clara County verdict followed a bitter legal battle between the boy, Ezequiel, his mother, Serena Arvayo, and their next-door neighbor over his alleged disruptive noises.

The family, including Ezequiel’s grandfather, was renting a house on Boynton Avenue in San Jose when the neighbor filed her lawsuit in December 2023. The complaint targeted both the family and their landlord, seeking a “public nuisance abatement” and a restraining order.

In court filings, the neighbor characterized the boy’s behavior as “indecent” and “offensive.” She alleged he was left in the backyard daily and would “wail and scream for hours, often without adult supervision.”

She claimed the noise caused emotional distress, interfered with her work from home and harmed her career and business. She also alleged a “loss of enjoyment” of her property.

The family’s attorneys challenged that account in a cross-complaint filed in March 2024, describing Ezequiel as a nonverbal child with Level 3 autism who was diagnosed at age 2.

“Consequently, he has difficulty communicating and suffers from sensory challenges which require 24-hour supervision. Serena is a single mother who has dedicated her life to caring for her son.”

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According to the cross-complaint, Ezequiel attends school and behavioral therapy each weekday from 8 a.m. to 6 p.m. On weekend afternoons at home, he enjoys chasing bubbles in the backyard.

The bubbles “often resulted in him expressing his joy through vocal stimming, a form of vocalization and self-stimulatory behavior. Given his condition and need for supervision, Ezequiel was never left unsupervised,” the cross-complaint states.

The family’s filing also described an encounter before the litigation began, when the neighbor allegedly introduced herself to Arvayo, complained about her then-11-year-old son and asked that he no longer be allowed to play in his backyard.

“Shocked, Serena began to explain that Ezequiel was a young child who suffered from a severe form of autism and was completely non-verbal. The noises … were Ezequiel’s attempt to communicate emotions and were uncontrollable,” attorneys wrote in the cross-complaint.

“Instead of being understanding, (the neighbor) asked Serena, directly in front of Ezequiel, if there was a cure for his condition,” attorneys wrote.

Court records also show the neighbor sent text messages to the family’s landlord complaining about the boy making “strange noises.”

The neighbor’s public nuisance case was dismissed in September. A jury subsequently considered the family’s cross-complaint and awarded Ezequiel and his family $8 million for the neighbor’s “intentional infliction of emotional distress,” according to their attorneys.

The family was represented by Behar Gibbs Savage Paulson LLP and Rossi, Hamerslough, Reischl & Chuck.

“This verdict is a great feeling of justice for this family,” attorney Rachael Boden told KRON4 in a statement.

“This has been a years long battle that we had no choice but to fight. This verdict shows that the jury listened to the evidence, understood the struggles and the daily life of the Arvayo family and truly stood behind this amazing family. While the sounds an Autistic child makes are audible, they do not constitute a nuisance in our civilized society. We hope this case shines a light on the real life day to day that families like this go through.”

The neighbor’s attorney did not immediately respond to The California Post’s request for comment.

Arvayo and her son ultimately left the Boynton Avenue rental because of the neighbor’s harassment, despite facing higher rent at their new home, KRON4 reported. 

Boden said the award will help provide assistance and security for Ezequiel.