Ohio Mother Files Complaint Against Condo That Barred Young Kids From Pool

An Akron mother and the Fair Housing Advocates Association have filed complaints against her condo association, charging that the group denied swimming pool use to children who are not potty trained.

Suzanne Malcom filed complaints with the Ohio Civil Rights Commission this month after Seven Stories East Condominiums told her that her one-year-old son Lucas wasn't welcome in the outdoor pool, she said.

"As a parent, it's my responsibility to defend his rights," Malcom said.

Malcom, 35, claims a condo board member approached her twice while she was swimming with her son and asked if the boy, who was wearing a swim diaper, was potty trained. The second time the member asked Malcom not to bring her son into the water, she said.

The board then enacted a rule barring children under the age of 3 from the pool for health and safety reasons, Malcom said.

Malcom, who has been living at the complex with her grandmother and son for about a year, described the incidents as unfair and embarrassing. She took her complaints to the Fair Housing Association, who called the rule a violation of federal and state housing laws.

Seven Stories East declined to comment, saying only that their attorney will resolve the matter with the Civil Rights Commission in the next few months.

Seven Stories East has been sued twice since 1995 for discrimination against families. Both cases were settled out of court.