PITTSBURGH – The operator of residential homes for adults with mental and physical disabilities has launched legal action against seven individuals, alleging they have spread false and defamatory information regarding its care of a developmentally disabled and autistic boy.
On-Site Championship Services, Inc. of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Feb. 28 versus Craig Wolf of Struthers, Ohio, Kelli Rodriguez, Bethany Moran and Michelle Carrozzi-Dorr of Verona, Matthew Mitcheltree and Thomas Kaminski of Pittsburgh, and John Doe.
“OCS provides full time, residential care for mentally disabled individuals in an integrated community setting. A one of these residences is located at 527 North Avenue in the borough of Verona, Allegheny County. Since OCS began operating the care home at this location, it has been met with both overt and covert hostility from neighbors in the surrounding homes. These individuals, on information and belief, have opposed the location of this care home, adopting a staunch ‘Not in my backyard’ attitude towards OCS and 527 North Avenue, its employees and its residents. On information and belief, some of this malice and antagonism is racially motivated,” the suit says.
“OCS is a Black-owned company, and the 527 North Avenue Residence is located in a predominantly white neighborhood. On or around 2019, OCS was forced to move a former resident of 527 North Avenue to another home, due to hostility, micro-aggressions, and negative comments received from the neighbors. In 2021, the neighborhood hostility has rapidly escalated, as another resident, who will be identified as W.J. to protect his and his family’s privacy, moved into the home. W.J. suffers from Intellectual Developmental Disability (IDD) and autism.”
The suit adds that despite OCS’ efforts to educate and support the neighborhood, it has “become clear that OCS and its residents are not welcome”, and that the defendants “have made false police reports that [W.J.] is being abused and neglected” and “have also made false reports to the Pennsylvania Department of Human Services, the Pennsylvania Department of Aging, the American Trauma Society and the Verona Borough.
“In a sick turn of events, neighborhood residents, including defendants, have filmed W.J. while he is in the middle of outbursts, and have posted them online, without his or his family’s consent. Defendants have no justification for this intrusive and alarming conduct. The neighborhood, is using footage taken of W.J. who is a mentally disabled individual, without his or his family’s consent, and posting it with unflattering commentary online, to promote their prejudicial agenda of removing the care home from Verona,” the suit states.
“OCS is besieged by these false accusations; the situation has become so severe that in July 2021, Verona Borough called for a meeting, addressing defendants’ lies and the future of OCS in Verona. It became apparent that this meeting was called with the intention of forcing OCS out of the neighborhood, due to the allegations and antagonism of the neighborhood residents, upon information and belief, including the defendants.”
The suit says each of the defendants made defamatory comments about the plaintiff, accusing OCS of abusing W.J. and failing to provide adequate care for him.
For counts of defamation/libel, injurious falsehood, tortious interference with business relations and request for injunctive relief, the plaintiff is seeking damages in an amount to be determined at trial, in excess of $50,000, punitive damages against defendants in an amount to be determined at trial, costs of suit and fees, and for such other and further relief this Honorable Court deems just and proper, in addition to an injunction ensuring the following:
• Enjoining defendants from dissemination of false information regarding the false allegations that plaintiff engaged in abusive conduct towards its residents;
• Enjoining defendants from harassing and/or contacting plaintiff or any of plaintiff’s residents and employees;
• Enjoining defendants from maintaining the social media posts regarding the plaintiff as viewable on their social media platforms;
• An award of damages to the OCS based upon the unlawful and improper actions of defendants;
• Award OCS reasonable attorneys’ fees, interest, expenses and costs of this action, and grant such other relief as justice may require.
The plaintiff is represented by Kenneth J. Hardin II of Hardin Thompson, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-002310
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com