EAST ST. LOUIS — The parents of a disabled son claim the City of Altamont demands they take down a fence encroaching on the city's easement, which was built for the safety of their son.
Aaron Fritcher and Emily Fritcher, individually and as mother and next of friend of Z.F., a minor, filed a complaint Aug. 30 in the U.S District Court for the Southern District of Illinois against City of Altamon, Jason P. Rippetoe, in his official capacity as Mayor of the City of Altamont, and others alleging violation of the Americans with Disabilities Act.
According to their complaint, the Fritchers are parents to 15 year-old Z.F. who has numerous disabilities including autism, developmental delays and epilepsy. They own property on Sherman Drive in Altamont. They allege that Z.F. has a history of wandering and that their property is in close proximity to I-70, a large swimming pool, pond and other hazards. The Frictchers claim that for Z.F.'s safety, they had to replace and extend the chain link fence in their backyard with a new, wooden privacy fence that has double-wide gate and can only be opened from the outside. The new fence, according to the suit, does encroach on the city's easement on the north end of the Fritcher's property, however the plaintiffs claim the city and the electrical company have access to their entire property in the event of electrical line issues and can also reach the electrical company equipment from the outside with the use of cranes and other equipment. However, the suit states that the city filed criminal actions against them over the fence in violation of the Americans with Disabilities Act. The plaintiffs allege they have the right to make the reasonable modifications for their disabled son.
The Fritchers seek monetary and all other proper relief. They are represented by David Duree of David M. Duree & Associates PC in O'Fallon.
U.S District Court for the Southern District of Illinois case number 3:21-CV-01076