I live on the central coast of California and the problem is; my neighbor installed a 3 inch tall by 12 inch wide and 10 foot long speed bump across my access easement. The easement is the only path of ingress and egress to my home. Although semi-unique to my condition, I am unable to go over or around the speed bump due to its location and its size because I am confined to an electric wheelchair. The only means of leaving my property is to have someone load me into a specially equipped wheelchair lift vehicle and drive me over the speed bump and off the property. While the neighbor was installing the speed bump I notified the Sheriff's Department and they sent an officer out to my home. I then explained to the officer my concerns of not being able to drive my wheelchair past the speed bump and that I was landlocked on my property. The officer then spoke with the neighbor, but it did nothing to stop the installation. The officer then came back and told me that there was nothing he could do and that it was a civil matter. I have also asked Calfire, the County Planning and Building department, and both The Small Claims and Superior courts to require the speed bumps be removed with me acting as counsel and all have denied assistance in requiring the neighbor to remove the speed bumps. I also had the court judge's state that the case was too complicated for their courts and the only way this can be resolved is for one of us to move away.
Now the question; Are all civil rights violations that are being committed only enforceable if they occur on public properties? This has been the answer I have received from all the local government agencies when they deny me any help and tell me that "it's a civil matter to be taken up in court". If you're civil rights and freedoms have been taken away by someone, then it shouldn't matter whether it was done on private or public property right?
Let's look at this hypothetically going the other direction. If I were to take my vehicle and block the drive to where the neighbor couldn't leave with his vehicles, but there was still enough room for him to be able to walk off the property, I suppose he would call the police and have them tell me to move my car. The police show up and tell me to move the vehicle, I refuse and I roll up the windows. Would the police then call a tow truck and have my vehicle towed away with me in it or wait me out until I got out, would there be a concern about weapons, would I be arrested and why would the police be concerned anyways because this is happening on private property and it is a civil matter right? There is really nothing different in this scenario than what is happening with me with the exception in my case that the vehicles can go out, but I cannot walk out.
I don't understand why the neighbor is not being arrested for what I believe is committing a penal crime and why not being forced to remove the obstacle the same way they would require me to remove my vehicle in the example? Or is everybody in government services just derelict and ignorant of the ADA and civil rights and do not want to get involved? I just don't know who to talk to and get a definitive answer?
Now the question; Are all civil rights violations that are being committed only enforceable if they occur on public properties? This has been the answer I have received from all the local government agencies when they deny me any help and tell me that "it's a civil matter to be taken up in court". If you're civil rights and freedoms have been taken away by someone, then it shouldn't matter whether it was done on private or public property right?
Let's look at this hypothetically going the other direction. If I were to take my vehicle and block the drive to where the neighbor couldn't leave with his vehicles, but there was still enough room for him to be able to walk off the property, I suppose he would call the police and have them tell me to move my car. The police show up and tell me to move the vehicle, I refuse and I roll up the windows. Would the police then call a tow truck and have my vehicle towed away with me in it or wait me out until I got out, would there be a concern about weapons, would I be arrested and why would the police be concerned anyways because this is happening on private property and it is a civil matter right? There is really nothing different in this scenario than what is happening with me with the exception in my case that the vehicles can go out, but I cannot walk out.
I don't understand why the neighbor is not being arrested for what I believe is committing a penal crime and why not being forced to remove the obstacle the same way they would require me to remove my vehicle in the example? Or is everybody in government services just derelict and ignorant of the ADA and civil rights and do not want to get involved? I just don't know who to talk to and get a definitive answer?
