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August 15, 2011 in City
Town’s legal battle against man living in shed may be no-winner
Springdale, Wash., population 280, is spending more than 10 percent of its general fund to keep a man from living in a shed.
The money might go a long way toward buying a house in Stevens County, but instead is just paying for litigation to empty the shed.
It’s a matter of principle for all concerned.
Dawud Ahmad, a self-styled Muslim sheik, says he is defending religious freedom. Mayor Doug Buche says the town is protecting its ability to enforce ordinances.
Born Gary Lee Smith in Portland, Ahmad says he was a troubled young man – he served nearly three years in prison on drug convictions – who converted to Islam and changed his life.
He is the registered agent for a nonprofit organization called Muslim America that owns his home as well as an unplumbed outbuilding occupied by Bedreddin Iman.
Muslim America is exercising its right to offer shelter to a homeless member of the religious organization, according to Ahmad.
He pointed to federal and state religious protections, including a year-old state law that says cities and counties “may” adopt a building code exemption for buildings that have been converted to house the homeless if code deficiencies don’t threaten health or safety.
Buche said he doesn’t dispute Muslim America’s right to shelter the homeless, “but we’re saying they can’t do it in a building that was never designed for human occupancy.”
The town cited Muslim America for violating the building code and failure to get a business license.
The result may be a Pyrrhic victory for either side.
So far, the town is winning.
But the two-year legal battle has sucked $34,227 from a general fund that averages $150,000 to $170,000 a year – and the meter is still running.
“I’m in a very difficult position,” Buche said. “We’re trying to do the best we can.”
Visiting Spokane County Superior Court Judge Maryann Moreno refused in October to order the town to grant a building code exemption as Ahmad demanded. Exemptions are at the town’s discretion, Moreno said.
She found the request frivolous and ordered Muslim America, Ahmad, Iman and another plaintiff, Sameer Hatem, to pay $200 apiece and, together, to pay Springdale’s attorney bill at the time: $23,916.
Since then, Ahmad and his associates have appealed Moreno’s decision and the town has racked up more than $10,000 in additional legal fees.
Although Colville attorney Robert Simeone is representing Muslim America, Ahmad is representing himself. He doesn’t have to pay filing fees because the court has declared him a pauper.
“He is trying to put us into the position where he can force us to let him do whatever he wants to do because he can tie us up in court,” Buche said. “We have to pay legal fees, but he doesn’t.”
Ahmad said he plans to go to federal court if he doesn’t prevail in state courts.
“It’s going to be in litigation until we win,” he said. “I don’t care where it is, it’s going to be in litigation.”
Ahmad is an accomplished do-it-yourself lawyer. Facing eviction as a tenant, he won possession of the house he lives in.
Now he faces the possibility of being turned out of the house if he can’t defeat Moreno’s ruling or stave off collection efforts. But Ahmad hopes to turn the tables and force the town to pay up to $100,000 for the time he says he has spent working on the case as a paralegal.
“The case is not frivolous, it’s not frivolous at all,” he said. “We are being harassed on account of our religion.”
Buche sees only a building-code dispute: “We want to be able to enforce our ordinances, and Mr. Ahmad has turned this into something way bigger than it should have been.”
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polistra on August 15 at 3:12 a.m.
Town that size shouldn’t be worrying about a building code in the first place.
You live in a larger city to get the advantage of large public services, and in return you give up some individuality.
If you live in a tiny town, you don’t expect much from the city gov’t and in return the city gov’t doesn’t expect as much conformity.
It’s an implicit bargain.
oneanddone on August 15 at 5:01 a.m.
Disagree completely. Just because you live in a quasi-rural environment doesn’t mean laws which are designed to benefit everyone are less important. The alternative is civil anarchy. What the city should do however is to outline a plan to upgrade the “shed” with electric and plumbing in order to qualify for some sort of compromise, assuming this character is not endangering his neighbors.
rosehips on August 15 at 6:56 a.m.
The obvious question here is, would they be pursuing this if Ahmad wasn’t a Muslim? Are there no other poor people in Springdale living without plumbing? I’d bet there is.
misjustice on August 15 at 7:07 a.m.
Ahh, rosehips made my point.
When I clicked on the story I wondered what all of the fuss was about; then I saw the picture of the man that is living in the shed, and I knew. He’s a scary Muslim…
*sigh*
Scoutster on August 15 at 7:54 a.m.
What about getting govt off our backs?
Why is this even an issue? Who called it in? As rosehips said, there are plenty of people living in similar conditions all over rural America.
Gimme a break.
Orphan on August 15 at 8:44 a.m.
Well said Rosehips, Scoutster & MisJ you all beat me to it.
misjustice on August 15 at 8:58 a.m.
And yet every day, all across America, the homeless live in makeshift camps, under bridges, in vehicles, and other places a lot worse than a shed…
*sigh*
idahocity on August 15 at 9:13 a.m.
we live in the most free country in the world and i have all the licenses and permits to prove it.
Hajj Dawud Ahmad al-Amriki on August 15 at 1:24 p.m.
“Effective January 1, 1992, the legislative authorities of cities and counties may adopt an ordinance or resolution to exempt from state building code requirements buildings whose character of use or occupancy has been changed in order to provide housing for indigent persons.” RCW 19.27.042 ~ almost twenty years old, not “a year-old state law.” The “year-old state law” is about homeless encampments, and we have been hosting homeless people ~ including people who are not muslims ~ in tents and in the cottage on Muslim America’s Springdale property since the law went into effect last July.
Around 1990, churches on the west side ~ in and around Seattle, mostly ~ started converting their unused buildings into shelters for the increasing numbers of indigent homeless people. The cities wanted to exempt the buildings from “residence” requirements of the State Building Code, but had to go through the State Building Code Council to do that. So the Legislature passed that law allowing municipalities to enact an Ordinance providing for exempting the buildings ~ without having to go through the Council. It’s quite strict, and satisfies the State interest in protecting human life, health, and safety.
The Springdale Town Council doesn’t want to enact such an Ordinance. It’s not an “anti-muslim” issue. We have not seen any religious discrimination in Stevens County in nearly twenty years of living here. We have had good relations with the Town’s public servants all along, and still do. We disagree about this.
So far we’ve spent over $4600 on court costs, and 1050 hours ~ half of the last year ~ of “paralegal” time writing court pleadings and arguing the case. That would have cost over a quarter of a million dollars in attorney fees, had we needed an attorney. In the federal courts, paralegal costs can be recovered; in State court, possibly not. Dawud Ahmad could not claim such costs in any court, but the other two plaintiffs can ~ so roughly two-thirds of the paralegal costs potentially could cost the Town as much as $50K, when pigs fly.
The cottage that used to be a storage shed has electricity. It’s a 12’x16’ room with a sleeping loft upstairs. You can see a photo at http://www.muslimamerica.net/aj/cottage.jpg ~ it’s a warm place to sleep, whoever uses the cottage for sleeping has to use the plumbing in the main house about a hundred feet from the cottage.
The Town has not cited Muslim America “for violating the building code” ~ the citation was never filed in the District Court. The Town dismissed the business license citations rather than pay a high-priced attorney to defend their unconstitutional Business License Ordinance when we challenged it. All the citations were written to individuals, not to Muslim America. The Town started the court battles, we’re still fighting them ~ in the State Supreme Court. The difference is that the court fights they started ~ and lost ~ would have cost us some money in fines and fees; the action we started would have cost the Town nothing but the costs of enacting an Ordinance allowing them to comply with federal law without having to go through the Building Code Council.
The Town’s arguments in court say basically that the Town Council doesn’t want us to “get away with” something they can’t do. The irony is that they could provide housing for indigent homeless people themselves, in their garages or garden sheds ~ in other words, they could do what we’re doing, if they wanted to. What it boils down to is that they don’t want us to do something that they don’t want to do, that churches all over the country are doing.
We tried to help the Town do the right thing, according to the law and according to Christian principles, and they turned on us. We didn’t “turn this into something way bigger than it should have been.” The Town’s attorneys did.
Squid on August 15 at 1:43 p.m.
“Ahmad is an accomplished do-it-yourself lawyer. Facing eviction as a tenant, he won possession of the house he lives in.”
Sounds to me like Springdale wants this scam artist run out on a rail. How does a tenant (who isn’t a lawyer) win the possession of a house, when they are being evicted?
I am sure there is much more to this story than is in print and probably has everything to do with character and little to do with muslims. In a town with a population of 280, the citizens don’t take kindly to freaks who steal houses and property from their neighbors, friends, and kinfolk.
Springdale is overpopulated with goofballs, This guy is the supreme goofball.
Hajj Dawud Ahmad al-Amriki on August 15 at 2:05 p.m.
“How does a tenant (who isn’t a lawyer) win the possession of a house, when they are being evicted?”
Federal court decision followed by a settlement in State court. http://www.muslimamerica.net/ma/mausdc.htm
“I am sure there is much more to this story than is in print”
I’m sure your imagination can provide you with details to your liking.
misjustice on August 15 at 2:32 p.m.
I dunno, squid; I read your post and the one by Mr. Hajj Dawud Ahmad al-Amriki. Of the two, I’d say that his was the more measured, cogent argument.
Thank you Mr. Hajj Dawud Ahmad al-Amriki for the additional input. After reading the article and your post, I am convinced that the town is being arbitrary and capricious. Good luck, sir, with your continued efforts in this matter.
Squid on August 15 at 2:42 p.m.
Looks like the details to my disliking are that you stole a man’s house by making it cheaper to give you that house than pay lawyer fees. I looked through your link and it’s the usual garbage that wastes time and money, with a big penalty for not responding by a certain date.
You have nothing but time to muck up the court system and take this man’s time and money to fight your scam. You are a scam artist.
The legal system might be working for you, but I bet this won’t end well for you. Karma is a vindictive mama.
Squid on August 15 at 2:50 p.m.
MisJ, you can’t possibly condone someone legally stealing another man’s property and house?
I’m not a lawyer, and we’re not in court, so it’s OK with me if I lost. Just glad I’m not the guy who had his home stolen by the tenant.
It angers me when weasels steal scrap metal or bicycles. It’s unimaginable how it would ever be OK to steal a house.
misjustice on August 15 at 2:51 p.m.
I dunno, look at the sidebar which accompanies this story; I’d say the city and its inability to keep its books in order looks more dubiuos than the actions of Mr.Hajj Dawud Ahmad al-Amriki.
Squid on August 15 at 2:55 p.m.
Forgot to mention that he was being evicted. A deadbeat doesn’t pay rent, or trashed the house, then steals the house.
Sounds perfectly fair and good to me.
misjustice on August 15 at 2:55 p.m.
Well, squid, if he was awarded the house through a legal proceeding it isn’t stealing.
I looked at the legal docket link put up by abujamal but it did not contain a finding, just a list of years of court wrangling…motions, pleadings, etc…so I’m not sure of the reasoning behind the court’s finding. But I do know that if he was awarded the house as part of a legal settlement that he didn’t “steal” it.
Just sayin’…
idahocity on August 15 at 3:13 p.m.
it would benefit us all to study the law and not just let the attorneys be the guardian of the courts and our rights. my cousin by marriage is an “accomplished” self taught lawyer. he spends 3 days a month in the gonzaga law library educating himself. he drives without a license and has defended himself on three tickets. driving appears to be a right in the state of washington except for on federal enclaves.
Squid on August 15 at 3:31 p.m.
MisJ, just because it’s legal, doesn’t make it right. I’d guess you know that better than most.
I have known several people who lost a great deal of money because it cost more to fight than the amount owed. It’s a pretty common practice in the construction industry, especially on large projects. (S)Wendle Reugh has built his fortune by bankrupting contractors and their families, who did an honest job. All you have to do is make a claim that something wasn’t right and tie it up in court till the legal cost is greater than the invoice. Most of the time, just the threat of legal action over rules the invoice.
I’ll rephrase….. This guy quit paying rent, or trashed the house he was renting, and then stole that house through legal means.
Hornswaggling is hornswaggling, whether it’s legal or not.
Ever see the movie where Michale Keaton almost legally stole a house where he was renting a room and ruined the landlords’ lives? “Pacific Heights.” I highly recommend that you watch it.
Sounds like Mr.Hajj Dawud Ahmad all-Amok might have used that movie to swindle his house.
berrybestfarm on August 15 at 3:34 p.m.
I’ve been waiting for the hammer to fall on me over a similar situation here in Stevens County. I was laid off last year and had to sell my house which I built (to code with all permits) with my own hands on an owner contract to not be forclosed on. I was able to retain enough of my land to be more than a hundred feet away from any neighbor and put up a one room, insulated, off grid building. I have no plumbing, a generator and a couple solar panels for lights and a wood stove for heat. Two months ago my sister and her 3 children became homeless due to a dead beat father not paying child support. They now live with me of course. We are making do the best we can in a much less than ideal situation by composting our human bi-products, hauling drinking water and collecting rain water for washing. The alternative is to truly be homeless out on the street which just doesn’t make sense as we are not harming or threatening the public by any stretch of the imagination. AND, we are happy to be together—we are stronger together than apart in these challenging times.
Dennis Patterson—Deer Park
Hajj Dawud Ahmad al-Amriki on August 15 at 3:41 p.m.
“Thank you Mr. Hajj Dawud Ahmad al-Amriki for the additional input. After reading the article and your post, I am convinced that the town is being arbitrary and capricious.”
Not the town, rather five individuals ~ one of whom has since died ~ who for the wrong reasons made a bad decision and can’t accept that they made a mistake. We didn’t ask their permission to practice our religion. What we did do is show them a State law and a federal law that they decided they didn’t need to obey. They used the Town’s authority to bludgeon us for the favor.
When we started building the cottage ~ a prototype for future plans in the forest ~ we got a visit from the Mayor before we had the ground leveled. Someone had complained that we were building something without a permit. We got the permit, built the cottage, and passed the inspection. Later, someone complained that there was someone living in it ~ the Building Inspector came, saw four feet of completely undisturbed snow all around the building, and left. Then around the beginning of 2010, someone complained that “There’s smoke coming out of the chimney, there must be someone living there.” The Mayor told the Council what was happening, and about the Ordinance they needed to adopt, and their megalomaniac imaginations about their authority and their police-mentality suspicion took away their sanity.
It could happen to anybody who becomes some kind of civil authority but has not the first clue about what it will do to their thinking. Some people just shouldn’t try to become Town Council members, or judges for that matter. Or Congressmen or Presidents, or cops. To give a public office what is owed to the people is not an amateur undertaking. Power-addiction is not easily treatable, but it’s far and away the most dangerous form of psychological disorder ~ heroin addiction will only kill you; power addiction has killed countless millions.
“Good luck, sir, with your continued efforts in this matter.”
Thank you! One of our aims in this action is to get back to the Town the money they’ve spent and are spending on attorneys’ fees and court costs. When they were told that they should get a Stevens County lawyer, they didn’t listen. All they needed to spend was the cost of a two-inch “Legal Notice” in the County’s newspaper of record.
And we would have been happy to pay for that.
Squid on August 15 at 3:49 p.m.
Dennis, a generator can’t be a cheap way to get electricity?.?.?.?.
Especially in the winter when the days get short.
Hajj Dawud Ahmad al-Amriki, how do you get your income? Mushrooms, heroin poppies, or weed crop?
misjustice on August 15 at 4:11 p.m.
Well, Mr. Hajj Dawud Ahmad al-Amriki, mistakes are often difficult to admit.
I’ve witnessed power-addiction in play. Ever try and park at the fair? Give a guy a flashlight, an orange vest, and LOOK OUT!
misjustice on August 15 at 4:11 p.m.
Squid = flag as inappropriate
berrybestfarm on August 15 at 4:25 p.m.
Squid,
I don’t normally respond to questions—the other reasonable minds here do it for me. For everyone’s education however, running a generator costs about the same for one room as commercial power for a whole house. It is still way cheaper than the $3000+ Inland Power now charges to connect to the transformer just 50 feet from the cabin. And a generator is, regretably, not green. May I humbly suggest living closer to nature and more independently. You will find life and other people more pleasing and enjoy the benefits of cooperative living.
Dennis Patterson—Deer Park
Squid on August 15 at 4:40 p.m.
Before this story was edited, it said this man had a previous conviction for possession of magic mushrooms and trespassing.
I can’t be too far off.
Dennis, it’s not cheap to live closer to nature and more independently. Not the initial costs, anyway. Pretty soon, the generator cost of operation will go beyond the $3000 hookup. Maybe you could look online for plans to a homemade wind turbine. Deer Park has a fairly consistent breeze. Might be able to use recycled parts. Batteries aren’t cheap, but maybe you could buy some from a heavy equipment owner, or get them from a free or cheap golf cart. I know little about it. I wish you well in your efforts to get off the grid and greenify your existence.
Squid on August 15 at 4:56 p.m.
Dennis, I Googled and found that you can make a generator from an automotive or heavy equipment alternator, as long as it has a voltage regulator. You will probably need an inverter too to convert to 120 volt. Off topic, but hopefully helpful. Might be a good start for a cheap homemade wind turbine.
Hajj Dawud Ahmad al-Amriki on August 15 at 5:11 p.m.
“Looks like the details to my disliking are that you stole a man’s house by making it cheaper to give you that house than pay lawyer fees.”
He started the court action, and was represented pro bono from the very beginning. If you’ll look at the docket, you’ll see that in the federal court he was represented by Dennis Hession, later Mayor of Spokane. It didn’t cost the guy a dime. The case was decided in the federal court, all that was left on remand was a determination of damages ~ we were asking for a bundle for what he did to our family and community, playing the “muslim card.” We settled the case by giving the guy $1000 for Quitclaim Deed, and he was happy to get that. Nobody “stole” anything.
“Karma is a vindictive mama.”
Exactly. He did what he did and it cost him the house. Five judges, one of them a federal judge, ruled against him and in our favor through a series of cases in State and federal court. He lost them all.
Whatever you send out comes back to you. You might keep that in mind when you’re on-line.
Hajj Dawud Ahmad al-Amriki on August 15 at 5:15 p.m.
“Forgot to mention that he was being evicted. A deadbeat doesn’t pay rent, or trashed the house, then steals the house.”
His eviction action was dismissed with prejudice. He was trying to sell the house out from under us and breaking his lease. The Court wouldn’t let him do that.
I know some folks who always assume the worst that they can imagine. Eventually their nightmares come true.
Hajj Dawud Ahmad al-Amriki on August 15 at 5:20 p.m.
“I’ve been waiting for the hammer to fall on me over a similar situation here in Stevens County.”
It appears unlikely from what you’ve said. Give me a call. hajj@muslimamerica.net
Hajj Dawud Ahmad al-Amriki on August 15 at 5:25 p.m.
“Hajj Dawud Ahmad al-Amriki, how do you get your income?”
Disabled Vietnam-era veteran. I write about religion and there’s no market for that, and I write about law and can’t accept payment for that because I don’t have a bar license. But I can work as a paralegal, for any attorney willing to pay my $300/hour rate, and on occasion I’m able to take my wife out to dinner.
How about you ~ do you get paid to write stuff on Web forums?
Hajj Dawud Ahmad al-Amriki on August 15 at 5:32 p.m.
“Before this story was edited, it said this man had a previous conviction for possession of magic mushrooms and trespassing.”
Since that’s entirely false, I doubt whether it said anything like that. John Craig knows better than to get the newspaper sued for libel.
pensword on August 15 at 5:38 p.m.
I can’t be too far off.
Oh, trust me, you’re way more than ‘far off.’
I am the homeless person referenced in this article. For more than 10 years, I’ve known Dawud Ahmad and I’m well familiar with the details of every case to which you allude.
You wouldn’t have a clue if someone tattooed it on your forehead.
… which would still be a better use of ink than your own.
misjustice on August 15 at 5:43 p.m.
When I glanced through the court docket, I saw Dennis Hession’s name but I was unsure if it was the SAME Hession that was (briefly) the mayor. Thank you, Mr. Hajj Dawud Ahmad al-Amriki for the confirmation.
Don’t take Squid’s posts too seriously, most of the regular folks that comment on the SR threads don’t.
Again, I find the financial misdeeds (listed in the side bar) of the town of Springdale more than troubling. It appears that someone is using the town’s coffers as a personal petty cash drawer.
Hajj Dawud Ahmad al-Amriki on August 15 at 5:56 p.m.
“I looked at the legal docket link put up by abujamal but it did not contain a finding, just a list of years of court wrangling…motions, pleadings, etc…so I’m not sure of the reasoning behind the court’s finding. But I do know that if he was awarded the house as part of a legal settlement that he didn’t “steal” it.”
That’s correct. In the federal court, we were up against the biggest law firm in Spokane, and the wife of a federal judge. We filed the case in Stevens County Superior Court, and it was “removed” to federal court. We wanted vindication ~ a determination that we had not done anything wrong ~ and a remand back to the Superior Court. The attorney who represented Muslim America in the federal court said we couldn’t get either from a federal court, but we got both. In the State court, the guy offered to settle the case for $1000 for a Quitclaim Deed. We already owned the house, we had foreclosed on a Deed of Trust and bought it at auction.
Squid is right about one thing ~ lawyers, and especially law firms, try to drown their opponents in paper. Those who can’t afford to pay a lawyer to keep up with the paperwork lose their cases. It’s essentially a power battle, the winner is the last man standing. I’ve been able to keep up with the paper and the legal arguments, and haven’t “lost” any of my cases in forty years.
I think the reason, though, is that when my opponent is right, I agree ~ I don’t make the judge “rule” on the issue by continuing to argue against what is right. And I don’t play the paper game unless my opponent forces me to deal with his paper game.
We have good judges in Stevens County, and we have good judges in the federal court. I found good judges in Chicago, Oregon, and some other States, along with some bad ones. I have nothing to say about Spokane’s courts, other than what I’m saying on paper in the Supreme Court. Washington has a very good Supreme Court.
Hajj Dawud Ahmad al-Amriki on August 15 at 6:04 p.m.
“Don’t take Squid’s posts too seriously, most of the regular folks that comment on the SR threads don’t.”
He hands me a microphone. It’s amusing.
“Again, I find the financial misdeeds (listed in the side bar) of the town of Springdale more than troubling. It appears that someone is using the town’s coffers as a personal petty cash drawer.”
Don’t get me started … I’ve been here for almost twenty years. But I think it’s important that people know that Springdale’s Clerk-Treasurer is not guilty of anything, it’s been others who’ve been ripping off the Town and trying to make the Clerk their patsy.
pensword on August 15 at 6:06 p.m.
oneanddone: Just because you live in a quasi-rural environment doesn’t mean laws which are designed to benefit everyone are less important. The alternative is civil anarchy.
Were you as intimately familiar with the details of this case — as am I, being the very person who resides in the shed — you’d know that the Town of Springdale has failed to enact laws designed to benefit everyone.
We are not scofflaws. We did everything possible to assist the town government in fulfilling its civic duty to honor our religious liberty. All they had to do was adopt the entirety of the state building code, which includes an ordinance that facilitates my residency. This would allow for a mitigated inspection of the structure in which I live, one to ensure it poses no risk to my health or safety. Unfortunately, they refused to do even this much.
“Civil anarchy”? Go tell it to the town council members who won’t comply with state law.
What the city should do however is to outline a plan to upgrade the “shed” with electric and plumbing in order to qualify for some sort of compromise, assuming this character is not endangering his neighbors.
It does have electricity; but outfitting this facility with running water is unaffordable and unnecessary, at that. All of my “running water needs” are met at the main house.
As for “endangering neighbors,” you’re welcome to visit Springdale and determine how many people I’ve actually “endangered” here since my arrival a decade ago. My neighbors would find the question amusing at best.
misjustice on August 15 at 6:32 p.m.
“…Springdale’s Clerk-Treasurer is not guilty of anything, it’s been others who’ve been ripping off the Town and trying to make the Clerk their patsy.”
Ahhh, same as it ever was.
lynns on August 15 at 6:32 p.m.
It looks like everybody’s had a chance to say their piece and I’ve got to take off, so I’m shutting this thread down for the night.
—Lynn, S-R Web producer