Jonah Snyder will be able to play in the shade under an awning at his parents' Summerset at Frick Park home in Squirrel Hill after all.
His family finalized a settlement in U.S. District Court Wednesday with the Summerset Neighborhood Association that will allow Daniel and Jaime Snyder to build the awning. Jonah, now 2, has congenital glaucoma, a disease that makes him sensitive to light, but the neighborhood association had said the awning they wanted to build over their second-floor porch didn't meet neighborhood design requirements.
The family sued in federal court, and the Pittsburgh Commission on Human Relations sued in state court, saying the decision was discriminatory. The association has now agreed to pay the Snyders' legal fees and costs of $42,548, plus $10,000 in compensatory damages that will be donated to the Children's Tumor Foundation. The Snyders can also put up the awning.
The state court case has not yet been settled.
"The Snyders are satisfied with the outcome," said Beverly A. Block, their attorney. "In the end, their son gets what he needs, and that's what's always been important. ... What this will do is provide him with an outdoor space that he will be able to enjoy with the family."
The family had sued under the federal Fair Housing Act, claiming the association decision not to allow the retractable awning was not providing "reasonable" accommodations for someone with a disability, as required by law.
The attorney for the neighborhood association referred a request for comment to its president, who could not be reached.
