Teachers are not criminals: the Stokes zoning case.

Over the years, zoning has been an issue for independent music teachers (IMTs) with home-based studios. Now, with more and more planned suburban communities where homeowners associations set rules, the issue is gaining prominence. In Atlanta, Nancy Stokes brought the issue to a forefront.

Stokes is an independent piano teacher-turned-activist. Since February 2001, when the DeKalb, Georgia, County Commission denied a permit that would have allowed private music instruction in Stokes's home, she found her voice as a spokesperson for zoning issues.

Other music teachers rallied to her defense, sparking protests outside DeKalb's commission meetings and letter-writing campaigns. In July, after a long and costly appeal to the county superior court, Stokes, a member of the Atlanta Music Teachers Association, ultimately regained the right to teach in her home.

Nancy Stokes, before purchasing a home in DeKalb County with her husband, Lane, in 1993, says she obtained written permission from the local homeowners association and verbal permission from several neighbors to start a studio. However, according to Stokes, the same neighbors have been against her home studio since the day she started teaching. In late 2000, two neighbors formally came out against her, citing her need to obtain a special land use permit (SLUP). DeKalb residents must obtain this permit, on the books since April 1999, to lawfully bring customers, or students, into their homes. IMTs and other small home-business owners, such as academic tutors, find the $400 application fee for an SLUP prohibitive. They also must submit corroborating documents to support their application, adding to the cost and red tape. In addition, time is an issue; it took until February 2001 for the commissioners to hear and deny Stokes's petition.

When her neighbors complained about the "traffic" from Stokes's twenty-eight students, four out of seven commissioners denied the permit. The opposition commissioner did not mention the traffic as the reason for Stokes's denial, instead alluding to noise and the cluster-home design of the neighborhood. On appeal, the superior court judge ruled in favor of Stokes, saying the "close vote turned on what was never raised as an issue before the board (noise) and, most importantly, an issue upon which no evidence was presented."

Stokes estimates that she and her husband spent $25,000 on the entire process. Stokes says the cost of moving again and reestablishing her clientele would be too difficult financially, and she would have to reapply for the SLUP if she changed locations. So the family has stayed in the subdivision, despite trouble from the neighbors persisting even after the appeal.

Commissioners will debate a new law, aimed at providing a bandage--not a cure--to the county's zoning issues. The ordinance will permit home "educational services," as long as teachers see one student at a time, for no more than four hours a day and no later than 7 P.M. This does not bode well for music teachers, who often see students at night and have siblings or group lessons in home studios. The city of Decatur, located in DeKalb County, has its own city laws that allow hame music instruction. These supercede the county restrictions. Decatur teacher Ken Newton spoke in front of the DeKalb commissioners in late October, citing an ordinance in neighboring Cobb County that places no objectionable restrictions on teachers. The commissioners were receptive to studying the Cobb County law. At press time, they are still reformulating the forthcoming DeKalb ordinance.

Nancy Stokes talks to MTNA Executive Director Dr. Gary L. Ingle about her zoning struggle, in the hopes that other teachers will benefit from her experience.

GI: This started as a result of one of your neighbors who filed a complaint against you. What led up to that?

NS: Well, we're still trying to figure that out. Initially, a neighbor expressed concern when I had only started teaching. There was a fear that extra traffic from my students would decrease the safety of the cul-de-sac street. I had, at the time, just a handful of students, since I was starting over in a new location. I sent out a letter immediately to all the parents, and I got a positive response. But this did not stop the neighbors' concerns.

GI: Describe the initial steps you took when buying your home to ensure approval of your teaching activities.

NS: We have a homeowners association and they're very strict about how the neighborhood looks ... That is why we were so careful when we were looking at buying this house. We went to the president of the homeowner's association. He talked with the other officers of the association, and they voted unanimously that I would be able to teach in my home. I asked for it in writing. We received verbal approval from neighbors. My husband went to the county licensing bureau and asked if I needed a license. They said no because I was an educational service. We're encouraging teachers to use the label "educational services" and not call ourselves a business. To say that we're a business automatically lumps us in with other, more objectionable, home businesses.

GI: It's obvious that you did everything right at the beginning, getting things in writing and talking with the neighbors. That probably helped your case when you went to court. Are there other points that you could suggest to other teachers, besides getting things in writing?

NS: You need to know all the ordinances and everything. You need to know about the law. You don't just move in. I think that sometimes you have to look at it as if there's always going to be one troublemaker in the neighborhood. The only thing I think people can do is maybe go to every neighbor and ask, "Is this going to be a problem?"

However, by bringing a potential problem to their attention, you may be paving the way for them to complain in the future. We did not go to every single person. I did not want to give the neighbors reason to fear me, and I thought the neighborhood association offices would do whatever was necessary before granting me permission to teach.

GI: Did you find the media to be an ally for you?

NS: Yes, I did. The television people were amazed that going before the Board of Commissioners would be a problem.

GI: Did you find any other allies in the process?

NS: We tried to talk to different people in the metro area chapters of Georgia Music Teachers Association. I did find a number of teachers sympathizing, and they did contribute financially to help with legal fees. We got a lot of notes, phone calls, e-mails, letters--a lot of things that showed the teachers were with us.

GI: Do you think this support had an impact on the superior court ruling?

NS: I would have liked to see more teachers come out to meetings and protests. But I certainly don't blame them for not doing it because they were afraid. For the most part, the teachers just wanted to keep themselves safe, and I supported that decision. We said, "If you can help us, we would love that." I think that's why a lot of people gave money -- they could do so without getting personally involved.

GI: Can you relate key talking points you used?

NS: We had to go through three steps. First, we had to go through something called the county neighborhood commission -- our lawyer told what I did, how I did it and so forth, and that passed easily. Then, we went to the planning commission and got through that unanimously. The Board of Commissioners, which has the final say, nearly always accepts the planning commission's recommendations. In this case, our lawyer let some people speak in my favor. We only had ten minutes to speak, so he didn't save any time for rebuttal. When the other side got up, it may have been misconstrued that I had twenty-eight students a day. I had twenty-eight students total. Our own commissioner, from our own district, did not take our SLUP application seriously. She thought approval would be a slamdunk. The commissioners had all the information they needed to grant the permit. However, it unfolded in such a way that one of the commissioners brought up the issue of noise, which had not been brought up by any of the neighbors. He harped on this point, and they denied the permit. That is what our attorney used when we went to superior court, that the noise issue should not have been a determining factor.

GI: Can you describe the effect that this has had on you personally as well as professionally?

NS: It's made me a nervous wreck. That's an overstatement, I guess. I've lost seventeen pounds. I have a tremendous amount of anxiety during the day. We are still afraid to go to the door during the times that I'm not teaching -- we've had so many police calls.

GI: Do you feel like you were being harassed?

NS: Absolutely. During my teaching hours, my students would get photographed and the license numbers of their cars would be written down. My students would tell me people made faces at them. One police report accused my husband of putting sticks in a neighbor's yard. Another one said that he was prowling the neighborhood at night, peeping in windows and howling like a dog. I have been accused of writing a threatening letter. Police cars have come to this cul-de-sac so much that one of my neighbors asked the other neighbors to quit calling the police because it upset his children. It has been a horrible, horrible ordeal, and it's not over. We're not comfortable even out walking in our neighborhood anymore. We don't go to get-togethers in the neighborhood anymore, even though we had the majority of people in the neighborhood support us. We wish we could move but we can't -- the court mandate is for my house, on my property. It's not transferable. Even if we moved, I would have to really start over because moving would mean that parents would have to come through Atlanta traffic. In the metro it behooves you to have [a teacher] who's fairly close to you.

GI: Does the court mandate prevent you from teaching groups in your home?

NS: I'm not sure. My lawyer has said, "Don't push the issue and give the commissioners a chance to go back and put restrictions on you." I've had group lessons at my house not even once a month. I have not had them for the past year. The groups were very small, like five children per group. I moved my theory classes to a bookstore over a year ago. The neighbors didn't notice it then, but recently they've said I cut down on my students, and I haven't. They probably didn't even know when I had group lessons.

GI: I understand that the commissioners are debating a new law that would permit these educational services as long as teachers just see one student at a time and the like?

NS: The planning commission's recommendation to the Board of Commissioners was home businesses should operate from the hours of 9 A.M. to 7 P.M., and there should be no more than four customers in a day, no more than one customer at a time. This, for piano teachers, is not acceptable. We met with the Board of Commissioners, and there were sixteen people lined up to speak. They voted at that time to wait thirty days before having a vote. I tried to make them see that neighbors are using [the law] as a weapon to complain against the teachers. Their complaints have nothing to do with teaching. I asked my commissioner when she was going to meet with the teachers, and she said for us not to worry about it, that they were not going to be able to vote on it at the end of the thirty days. In the meantime, they passed a resolution that no teacher may be cited while the [new ordinance] is still under discussion. We hope to have a town meeting and get the commissioners to understand what it's like -- some of them just don't know how music teachers work. In general, the commission has been very embarrassed about the entire situation.

One man, a guitar teacher named Steve Dukes, has a wife who's in marketing. They have had tons of creative ideas to help us. They made T-shirts that say, "Teachers are Criminals" on the top, and the small print below defines teaching as an educational service, not a business. We've worn these shirts to every rally, and the commissioners noticed. Now, they say they'll have to pass a law just to prevent us from wearing the T-shirts, so you see the shirts were effective.

When we would have rallies outside the commissioners' meeting place, our signs would say, 'Honk for music teachers.' And one day there was all this honking. The commissioners asked us to put down the signs about the honking, which we did, but the cars wouldn't quit. The public, by this time, knew because they had seen it on television, and they were enraged. Finally, police had to close down the street. We didn't want to be obnoxious; we just wanted a peaceful demonstration.

GI: Were the rallies effective?

NS: Definitely. The issue got out through television. And we were at the opera one night, and one lady near us finally said, "You look familiar to me. You look like that piano teacher." And I said, "I am that piano teacher." Then, they followed us all the way out, asking questions about it. Even people in other counties, whom we didn't know, wrote letters to the editors of local papers. That's why we had the rallies. I had a former student who was a producer of a show on the Fox network, and the network has been with us every single time we've protested. Since then, all four of the major channels have been out numerous times to interview me. We have an absolutely outrageous [radio] talk show host who picked it up on his show. He was indignant about the whole thing, making fun of the neighbors who were against us. He said, "I am so sorry that this happened." He's syndicated, so people heard it everywhere the show goes.

GI: Do you feel like, in addition to the protest, the news media had an impact on the commissioners?

NS: Yes. The county had no idea it was going to happen like this, that it was going to be so publicly embarrassing for them. We spoke to the secretary/spokesperson for the DeKalb County CEO, and he said this debacle never should've happened. I'm sure the commissioners wish they had never heard the words "piano teacher."

I didn't see that it was an option to just lie down and die. I thought it was a good cause, and the teachers have just been so sweet. When I see them at meetings, they come up to me and thank me. I'll have a panel at the state convention that will hopefully give people an overview of what happened.

GI: What advice would you give other music teachers who may be facing similar situations? Do you have any insights on how to avoid this type of thing?

NS: I thought we did everything we should have officially done. We did more than what most teachers told us they would have thought of doing. I think that you have to rally some support, and you have to bring as much attention to the issue as you possibly can. Get the community's support.

GI: It sounds as if public opinion is really important.

NS: It is. The judge knew that if he ruled against me that people would really be against him and not re-elect him. Still, he ruled on points of law and took two months to deliberate on it. People have to have public support behind them and get as much publicity as they can. I was just lucky that I teach three members of a family [two children and their mother], and the father publishes a local newspaper.

I called national, [Georgia State President] Susan Naylor and the state MTNA officials, and their opinion was to fight it.

GL: Do you have any other advice?

NS: I think we should all be as considerate and courteous to our neighbors as we can be. We have to have meetings with parents to let them know that teachers are sometimes not welcome in the neighborhood. We should tell parents to drive carefully, to be quiet as the children come in the house, to not have mothers congregating in front of the house, just little things to make the situation better. I try to keep a low profile.

I don't want to cause other teachers to suffer as I did. If any mean neighbors have gotten ideas from my fight, I regret that.

GL: What, your next step?

NS: We're going to get DeKalb County to pass a workable law for teachers. We would like to go to the Georgia legislature in January with at least two representatives to pass a bill so that all Georgia teachers will be protected.

GI: And that will certainly be beneficial to other music teachers.

NS: Well, zoning issues haven't affected the whole state yet. We have a lot of rural areas in Georgia, and those people haven't had a problem. We have counties that are really strict, surrounding the metro area. My husband and I intend to take this to the state legislature and show them the Michigan law that has been passed [to protect teachers]. Our lawyer has told us this will mean a change in the state constitution, so it won't be an easy fight. It took the Stassons seven years [to pass the Michigan law]. We are gathering a lot of support here--it has sort of mushroomed.

Perhaps the DeKalb County victory will set a precedent for the repeal of restrictive zoning laws in other communities. Many local governments, including DeKalb's neighboring city of Decatur, make exceptions to these ordinances in the case of "low-impact home occupations," like educators, according to The Atlanta Journal-Constitution. Sometimes teachers and other selected home business owners are protected with special status for zoning matters statewide, like in Michigan [see "The Stassons' Victory" in the sidebar above]. But the overwhelming majority of independent music teachers do not have protection under existing statutes. Complaining neighbors or subdivision homeowners associations can put teachers out of business, unless the teachers fight back--usually at great financial and emotional cost.

A Quick MTNA Guide for Zoning Issues

What should I do to avoid a problem?

* Know the law. Ignorance isn't an excuse! Zoning ordinances differ from city to city and township to township. There are ordinances that make allowances for certain home-based businesses; there are some that are ignored and there are some that stipulate that zoning officials can make unannounced visits. Know what your zoning ordinance states. To find out about the zoning ordinance in your particular area, contact your city office and ask for the zoning department. Find out how strictly your zoning ordinance is enforced. Take responsibility and know the law.

* Make friends with your neighbors. Inform them about your business. Assure them you have written studio policies ensuring that noise, parking and traffic issues are at the forefront of your mind and the minds of your students/parents.

* Give students and parents clear directions on parking and noise control in your studio policies.

* Get acquainted and associate with other home-based business owners. There is power in numbers, and sometimes other professionals, not in music, can provide input and assistance with zoning issues. Join the local chamber of commerce to find out who else might have a home-based business. Some professionals who might have home-based businesses would include graphic designers, copywriters, psychologists, daycare providers and many more.

Why are complaints filed?

* Personal vendetta (maybe a neighbor wasn't invited to a neighborhood party, maybe the dog got into the neighbor's garden, etc.)

* Noise, including the sound of instruments and the sounds of traffic

* Safety for neighborhood children by introducing more traffic and more strangers

* Parking issues

What should I do if I am served with a complaint notice?

* Meet, if possible, with the person(s) who filed the complaint. Try to resolve the issue on your own, even if you need an objective mediator (a supportive neighbor, friend or student's parent). Listen to the concerns and respond to the concerns.

* Learn the law. Are variances granted? A variance is an "exception" to the zoning rule. If you apply for a variance, be as specific as you can about exactly what you need.

* If you are found in violation, you have the right to begin an appeal process. Appeal processes differ, although most are informal processes in front of the zoning board rather than formal "court" proceedings. At the appeal hearing, you are given the opportunity to plead your case.

* Solicit letters of support from non-disgruntled neighbors.

* Solicit letters of support from parents/students.

* Contact other home-based business owners in your area for support and guidance.

* Contact your MTNA Local Association for support and guidance.

* Request a "Letter of Support" from MTNA Headquarters.

* Know the benefits of a home-based business. A few are listed below:

* Provides neighborhood with "safe-house" (a place that neighborhood children would know someone was home and a safe place to go if need be) for other neighbors

* Provides community with income (home-based business owners shop close to home)

* Eliminates traffic and pollution (home-based business owner works at home)

* Neighborhood isn't deserted

What kind of attorney would be best to hire?

* One who is a "land-use" attorney.

What is MTNA able to do?

* Provide this Quick Guide

* Provide a letter of support from the national association

What should I do if I have to close my home-based studio?

* Have a back-up plan.

* Investigate other teaching options:

* Church

* School

* Going to students' homes

* Operating in a co-op teaching scenario with other teachers

What can I do to help others?

* Become an advocate. Through your local and state music teachers groups and through your own personal contacts, urge your colleagues to become informed about their regulations, covenants and/or laws.

* Help other teachers who might find themselves in violation.

* Continue to educate neighbors

* Learn how laws and ordinances are changed in your local area and/or state.

For more information, please contact:

Music Teachers National Association, [phone] or [e-mail]

Zoning Resources

* MTNA provides A Brief Legal Guide ($7 for members, $10 for nonmembers, plus $3 shipping and handling), available from national headquarters, [phone] or [e-mail].

* Zoning resources are available online. Perform a broad search on your favorite search site, or check out specific law sites, like Nolo, www.nolo.com.

MTNA stands ready to assist teachers, as it is appropriate. Although zoning is a local issue, we can provide educational resources and the clout that a national association can bring to a local matter. National headquarters will continue to provide information for IMTs through events related to zoning issues at the National Conference, the Independent Music Teachers Forum, and columns and articles in American Music Teacher.

Where We Stand: State of Past and Pending Zoning Cases

The Stassons' Victory

After a zoning battle that began in 1987 with a neighbor's complaint, Jerome Stasson and Betty Kowalsky Stasson emerged victorious in Michigan. On December 27, 1994, Michigan Governor John Engler signed into law three bills exempting home music instruction and in-home tutoring from local zoning laws in all Michigan municipalities. Michigan is the only state with this protection for in-home education professionals.

Initially, the city council in West Bloomfield, an upscale Detroit suburb, would not address the issue, but the Stassons persisted, gaining the support of the entire community and the media. After seven months the local law was amended in their favor. Through the work of other teachers in the state, three bills were drawn up at the state level. The measures failed twice at first -- the Michigan Municipal League and the Michigan Townships Association fought to keep state mandate out of local zoning matters. The Stassons, undeterred, brought national attention to the issue through articles in Michigan newspapers and Clavier magazine, as well as coverage on CNN. Seven years of intense lobbying, including letter writing and phone call campaigns with music teachers and local associations throughout the state, brought the legislation to passage.

Today, the Stassons continue to pledge support to teachers in other states who need assistance or encouragement. Betty Kowalsky Stasson said it was worth the effort to protect her career of more than fifty years and help other teachers statewide. "I will not hide; I'm a service to the community," she says.

Challenges in Arizona

In May 2000, piano teacher Norma Meredith experienced an unexpected turn in her forty-six-year career. The homeowners association in Arrowhead Ranch, a subdivision in Glendale, Arizona, ordered her to stop seeing students in her home. A neighbor's complaint to the city and the neighborhood association started the ordeal. According to the Arizona Republic, the city said she needed a $500 permit, which she would have obtained. The homeowners association, however, insisted the permit required "commercial zoning" not available in the subdivisions residential neighborhood. State Senator Scott Bundgaard, of Glendale, intervened on Meredith's behalf, drafting legislation to define music teaching as an educational, not commercial, activity. The legislation did not pass, however, and Meredith was forced to rent space in a piano store, costing 25% of her annual income. To make ends meet, she nearly doubled her student load to thirty-six. The Arizona Music Teachers Association (AMTA) wanted to help with the state senator's proposition, says Past President Louise Hill, but its 501(c)(3) nonprofit status prevented AMTA from mounting a political lobbying campaign. Meredith says Phoenix MTA President Sharon Stevens will address the zoning issue, educating teachers as to what they may do in future efforts.

Jean Fox's Success

Fox and her colleagues in Allentown, Pennsylvania, asserted their professionalism as music teachers to win their case against "cease and desist" orders, which resulted from a local law governing home-based businesses. They educated commissioners and the public about their profession and sought local and national assistance from MTNA. An information packet showing historical precedence for in-home tutors convinced lawmakers that music teachers were part of the educational, not business, community. They also successfully argued it was not financially viable to rent studio space, held a letter-writing campaign, and had neighbors and community professionals speak on their behalf. Unlike Stokes, Allentown teachers did not have to battle with neighbors' complaints. In May 1995 the commissioners consented to both individual and group lessons given in home studios.

Double Trouble in Florida

Today, Florida teachers are able to teach lawfully in areas granting them specific leeway to operate home studios, but it has been an ongoing, uphill battle. In 1987, Florida instituted a state sales tax on services. When Vero Beach teachers went to obtain a tax number, they had to supply an occupational license number, which most didn't have at the time. They applied for licenses at the local level; however, due to an unrelated zoning case, there was a moratorium on new occupational licenses. Teachers were in violation of two laws -- not having licenses and not having tax numbers -- and they were unable to get in compliance due to the moratorium. Eventually, local law was amended to allow music teachers to apply for licenses. Most teachers have licenses today, according to Florida Music Teachers Association President Joan Mank, NCTM. Still, isolated communities, such as one north of Vero Beach, have passed laws specifically prohibiting in-home music instruction.

In Virginia, It's "Who You Know"

A new zoning officer in Chesapeake, Virginia, thought there was too much traffic in neighborhoods and, therefore, denied business licenses to two teachers. Teacher Maxine Earley contacted the mayor and asked for his intervention, who in turn wrote to the city attorney requesting that he determine whether music teaching be classified as a home occupation. The mayor's son studied piano with an independent music teacher, and the city attorney studied piano as a child with an independent music teacher. Therefore, both were aware that there was no excess traffic in the neighborhoods. The city attorney, with a letter from the mayor, met with the zoning inspector and convinced him that independent music teaching should be classified under home occupation, exempt from business licensing.