California family wins $8 million after neighbour calls autistic boy a ‘public nuisance’ over backyard noises; neighbour asked if there’s a cure for his autism; mother says lawsuit forced them to leave their home

California family wins $8 million after neighbour files lawsuit over autistic boy’s backyard outbursts. (Photo: NBC Bay Area)

A Northern California family has been awarded $8 million after a prolonged legal battle with their next-door neighbour, who sued them over the backyard noises made by their autistic son, describing him as a ‘public nuisance’. The case, which was heard in Santa Clara County, involved Ezequiel Arvayo, his mother Serena Arvayo and a neighbour who alleged that the child’s vocal outbursts disrupted her daily life, affected her work and caused emotional distress.According to reports by NBC Bay Area and KRON4, the dispute began when the neighbour filed a lawsuit against the family and their landlord in December 2023. However, the family challenged the allegations through a countersuit, and a jury eventually awarded them $8 million for intentional infliction of emotional distress.

Why did the neighbour sue the family over their autistic son’s backyard noises?

Ezequiel, his mother and his grandfather were living in a rented house on Boynton Avenue in San Jose, California, when their neighbour initiated legal proceedings against them. In her December 2023 complaint, she sought a public nuisance abatement and a restraining order, alleging that the boy’s behaviour was disruptive.As per reports, the neighbour described the child’s behaviour as ‘indecent’ and ‘offensive’. She alleged that he was left in the backyard daily, where he would ‘wail and scream for hours, often without adult supervision’.She further claimed that the noises caused emotional distress, interfered with her work-from-home arrangements, affected her career and business, and deprived her of the enjoyment of her property.

Family explains why the autistic boy made noises in the backyard

Neighbour reportedly describes the nonverbal boy’s vocalisations as offensive and a public nuisance. (Photo: Facebook)

The family’s lawyers challenged the allegations in a cross-complaint filed in March 2024. They explained that Ezequiel is nonverbal and has Level 3 autism, a condition he was diagnosed with at the age of two.According to the legal filing, the boy faces significant communication and sensory challenges and requires round-the-clock supervision. His mother, Serena, is a single parent who has dedicated her life to caring for him.The family also explained that Ezequiel attends school and behavioural therapy every weekday from 8 am to 6 pm. During weekend afternoons, he enjoys chasing bubbles in the backyard. These activities sometimes lead him to express happiness through vocal stimming, a form of self-stimulatory behaviour involving vocalisations.The family’s lawyers maintained that he was never left unsupervised and that the sounds were an expression of his emotions rather than deliberate attempts to disturb anyone.

Neighbour allegedly asked if there was a cure for the boy’s autism

Mother Serena Arvayo says neighbour questioned whether there was a cure for her son’s autism. (Photo: NBC Bay Area)

The family’s cross-complaint also described an alleged confrontation between Serena and the neighbour before the lawsuit was filed.According to the filing, the neighbour complained about Ezequiel and asked that he no longer be allowed to play in the backyard. Serena reportedly tried to explain that her son was nonverbal and had a severe form of autism, making the noises an uncontrollable way for him to express his emotions.The lawyers further alleged that the neighbour asked Serena whether there was a cure for her son’s condition, directly in front of the child.Court records also reportedly included text messages in which the neighbour complained to the family’s landlord about Ezequiel making ‘strange noises’.

Jury awards the family $8 million in emotional distress case

The legal battle eventually went before a jury in Santa Clara County. According to the family’s attorneys, the jury awarded Ezequiel and his family $8 million for intentional infliction of emotional distress.Speaking about the impact of the dispute, Serena said the experience had been deeply hurtful and that describing her son as a nuisance had affected his dignity.“My son was represented with dignity, and that was the most important thing for him, to have the dignity he deserves,” she told NBC Bay Area.Her legal representatives also welcomed the verdict. Attorney Rachael Boden, speaking to KRON4, described the outcome as a significant moment of justice for the family. She said the jury had understood their struggles and hoped the case would encourage greater empathy towards families raising children with autism.The neighbour’s attorney did not immediately respond to media requests for comment.

Family moved out of their home following the dispute

The legal battle also affected the family’s living arrangements. As reported by KRON4 and NBC Bay Area, Serena and Ezequiel eventually moved out of the Boynton Avenue rental property following the dispute, although the neighbour’s legal action continued.The move reportedly meant that the family had to deal with higher rent at their new home.Serena’s lawyers said the $8 million award would help provide Ezequiel with the assistance and financial security he needs in the future.