Magistrate won't flush homeowner's rooftop toilet display — yet

The Associated Press

12.23.99

Printer-friendly page

	A line of toilets line the wall under Santa and reindeer decorated toilets Tom Suica bolted to the roof of his garage in protest of a bank's plans to build a parking lot next to his home.

MONACA, Pa. — A magistrate told a man who bolted toilets to the roof of his garage as a protest — and decorated them for Christmas — that they can stay up through the holidays.

Although District Justice Joseph Zupsic decided the rooftop display was a safety hazard, the magistrate said he would allow the toilets to remain in place for 30 days so that Tom Suica can appeal.

Suica installed the 10 commodes to protest a bank's plans to build a parking lot next to his home in the Beaver County town of Monaca.

Barbara Suica did not initially appreciate her husband's protest. But Tom Suica won her over by embellishing the toilets with lights and a Santa Claus cutout, conveying the impression that the jolly old man was being led by a team of toilets instead of reindeer.

"They're decorated now," Barbara Suica said after the Dec. 21 court decision. "I'm not taking down my Christmas decorations."

Lawyer Bob Watson argued that Tom Suica should be allowed to keep the toilets up because they are an expression of free speech. Watson said Suica is using them to express his view that his neighborhood should remain residential.

Suica said his rooftop display was solidly built and intends to appeal. He had George Maravich Jr., a part-time remodeler, testify to the safety of the installation.

Maravich conceded the roof dipped under the toilets, but he said the commodes are solidly bolted to roof beams. He said he jumped up and down on them without causing any damage to the roof.

Monaca officials cited Suica for creating unsanitary and unsafe conditions, alleging that a strong wind could dislodge a toilet and harm children who attend a nearby elementary school.

"When that stuff cracks, it is like razors," code enforcement officer Carmen Cattivera said.

Zupsic ruled that while the toilets are unsafe, they are not unsanitary. He also allowed Suica to maintain an 11-toilet fence he installed in November to begin his protest.

Suica said he sealed the toilets on his garage with duct tape to keep rainwater out and that he periodically empties the ground-level commodes.