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A Florida mother is accusing her homeowner's association of discrimination after they labeled her five-year-old Black son a "public nuisance" for playing in a tree in the neighborhood, per WOFL.
Ariel Barner, a first-time homeowner, said she was stunned when her HOA fined her $382.16 and labeled her son, Owen, a "public annoyance" and "public nuisance" after he swung from a magnolia tree near his bus stop.
“They listed him under Article Seven, Section Eight of the HOA and listed him to the neighborhood as a public annoyance and a public nuisance,” Barner said in an Instagram video. “Maybe call me ignorant or maybe call me naive, but I have never experienced such hatred and isolation over a child in a community.”
According to the HOA, the violation falls under a rule that bans “noxious or offensive activity” that may be considered a nuisance. Barner said the provision typically applies to loud parties, noise complaints, or excessive parking, not a child playing near his home.
The complaint came from Barner’s white neighbor, who also serves as head of the HOA. The mother claimed the HOA head has repeatedly recorded her son playing in the tree, which is located on public property near the bus stop and has suffered no damage.
The HOA claims the rule is in place to prevent liability for any injuries caused by children playing on tree branches. However, Barner believes the enforcement in her case is discriminatory.
“This matter is 100% about prejudice, abuse of power, and discrimination,” she said. “They’re targeting a child for being a child.”
Barner has received widespread support against the HOA's move, including printed letters from 50 neighbors.
“This is very sad. You need to find something else to do besides messing with children,” one neighbor wrote in response to the complaint. “I wonder if he were a little white boy if we would be having the same convo.”
“As someone who has taught elementary and middle school for 26 years, your son is just being a kid,” another said.
Barner said she’s planning to consult an attorney.
“And I may lose, but I’m gonna go down fighting,” she said. “I have no problem paying my fines and still using my voice to say this is 100% unconstitutional and not right.”
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