This is how we treat our heroes?
HAS CODE ENFORCEMENT AND ITS AGENTS GONE TO FAR?
WORLD WAR II POW SURVIVOR FACES IMPRISONMENT
By Anthony Mendez
August 8, 2002
Clearwater, Florida - As a young man Harry Stout faced one of the most grueling experiences of his life. In March 1942, at the tender age of 17 he was on the tiny Philippine Island of Bataan. He was a prisoner of war held captive by the Japanese. As a POW he was held in the worst of possible conditions: on half-rations or less, harsh brutal beatings and the real possibility of execution for no reason. He was forced to sit in the sun without shade, helmets or water. When he and the other POWs were allowed to sleep, they were packed into enclosures so tight that they could barely move. This was life for young Harry and his fellow POWs who fell behind enemy lines in what later came to be known as the Bataan Death March. Some how Harry survived this horrific experience. Now, fast-forward to 2002 and Harry is once again facing harsh cruel conditions imposed by Pinellas County code enforcement and this time, at age 77 he may not survive.
Harry's predicament began when he decided to retire in a peaceful neighborhood in Clearwater, Florida. He found a small cottage and began to endeavor in his life long passion, gardening. Unfortunately, he did not get to enjoy his hobby for a very long time. Shortly after moving into his home, Pinellas County changed the zoning from professional to residential. This change would lead to what may come to be known as the Pinellas Death March.
Shortly after the zoning change, code enforcement began to harass. They would stand just outside of his property and take pictures. They would sneak into his yard and scavenge for "violations." All of this was being done without Harry's expressed consent or search warrants.
The first set of violations alleged was that he had to bring the plumbing and electricity to the new code standards because of the zoning change. (Keep in mind that Harry never requested a change in zone this was done by the County). Because he is on a fixed income, this type of remodeling was beyond his financial reach. He went before the code enforcement judge and explained his situation. The judge ordered him to pay fines associated with the violations, a total amount in excess of $2000. Showing some compassion the judge allowed him nearly six months to pay the fines, however. Paying the fines was not an option for Harry because he did not have the funds. Moreover, even if he paid the fines he still had to come-up with the monies to upgrade his home to meet the new codes.
It did not suffice the Pinellas County code enforcement agent, Mr. Cooper, to issue those citations. Time and time again, he would go to Harry's home and "look" for reasons to issue code enforcement citations. On March 16, 2000 one citation states he has "hand and power tools in a residentially zoned district." Since, when is it illegal for a homeowner to own and operate power tools? Every good homeowner has an array of power tools, from circular saws to pressure washers.
In another citation, Cooper states he saw "tree limbs and trimmings, and untended growth of vegetative matter." So, because Harry can only do so much at his 77 years he is cited for not cleaning up "vegetative matter" fast enough for the county. This fine alone cost $500!
In a plea for assistance, he sent asked the County Commissioners of Pinellas County for assistance. Instead of helping they sent a letter on April 1, 2002 stating, "Commissioner Latvala, the Sheriff's office and the Department of Public Affairs is unable to assist you." So, instead of connecting Harry with faith-based organizations or community organizations like Paint Your Heart Out, Community Liaison to Elder Affairs or any number of non-profit organizations, they just leave him out in the heat.
Yes, they leave him in the heat because they disconnected his electricity, not for non-payment of the utility but because the house was not up to code. They turn off his water for the same reason. And lastly they do the unconscionable they put a warrant out for his arrest, for not complying with the orders of the "the Gestapo," as he puts it.
In a desperate action Harry petitioned the Department of Environmental Protection of the State of Florida (FDEP) so that they could assess the situation. On February 1, 2001 FDEP representative, Sara Smithee with the solid waste section, inspected the property. After the inspection Smithee writes in her report, "With the exception of the accumulated batteries… all the remaining materials on the property would be characterized as either clean debris or materials accumulated for re-use, thus would not be classified as soled waste or require permit or removal from the property." The report goes on to state, "We could only inform him that his activities were not a problem with the Department and suggested he contact his local or state representative or the State Attorney's office."
With this document he was certain that the Judge would show compassion and rescind the citations and if they had any concerns they should help him find solutions. Instead, County Attorney, Jewel White-Cole continued to demand enforcement. She went as far as to mislead the court by saying "the County would not seek criminal prosecution" and there was no need for Mr. Stout to seek a public defender. No sooner had Harry left the courthouse that warrants were issued for his arrest.
No sooner had he arrived at his house, when Sheriff's deputies were knocking on the door and took him to jail. He was locked up for eight days. He was held without the right to an attorney, without his prescription medications for his heart and without the right to habeas corpus. Once again Harry was faced with cruel and horrifying imprisonment. Shortly after his release he had a stroke. The doctor in part believes that the stress and flashbacks to the Bataan Death March was the cause.
Now Harry is a fugitive. There are eight warrants for his arrest. He is living out in the open, with no shelter from the sun, little to no food and water. His only recourse is to go back to jail and give up his right to Life, Liberty and the Pursuit of Happiness.
Commentary
Codes and enforcement of them are important for the safety and welfare of the community. They serve a useful purpose to ensure standardization, safety, environmental protection and issues of health. However, codes and the enforcement agents have over stepped the boundary of the Constitution. Enforcement agents go onto properties and search without warrants. They hound and mercilessly harass the elderly and the poor. They also cause needless arrests and attack on individuals and organizations. They act capriciously and arbitrarily, in many instances for political motives.
How can you help Harry Stout?
1-Share this article with your friends
2-Call the Pinellas County Board of County Commissioners at 727-464-3377, ask to speak to Barbara Sheen Todd, Chairperson and Karen Williams Seel, Vice Chairperson.
Specifically ask them the following:
In the code enforcement case against Mr. Harry Stout, we ask that you work with the Department of Public Affairs to help associate Mr. Stout with organizations, both within the county administration and non-profit agencies to help him bring his house up to code. I also ask that you direct the County Attorney, Jewel Cole to review his case and drop the warrants for his arrest.
This story about Harry Stout is not over. There will be a series of articles documenting our advocacy on his behalf and also seeking your help.
