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Purging racist property records
Sacramento Bee ^ | 9/12/5 | Stephen Magagnini

Posted on 09/12/2005 12:59:35 PM PDT by SmithL

A bill that would make it much easier to remove racist language from tens of thousands of property records statewide has cleared the Legislature by a unanimous vote and will become law, barring a veto by the governor.

The bill - Assembly Bill 394 - seeks to clean up a vestige of America's racist past: the "covenants, conditions and restrictions (CC&Rs)" that once used race and religion to keep all nonwhites out of thousands of neighborhoods.

"No persons of any race other than White Caucasian race shall use or occupy any building or any lot except ... by domestic servants of a different race domiciled with an owner or tenant," reads a typical "racial occupancy clause" in Arden Park,

...Other "racial occupancy" clauses specifically excluded Jews, Eastern Europeans, Hindus, Africans, Japanese, Chinese, "Mongolians" and Italians - anyone not considered part of the "white Caucasian Race."

Although federal law outlawed housing discrimination in 1948, the offensive language persists, affixed to thousands of homes built in segregated neighborhoods before the civil rights era of the 1960s.

Before AB 394, a homeowner would have to go through a convoluted, often expensive process to have the racist language deleted from his or her property records.

...Gregg Fishman, a Jewish American living in Arden Park, was outraged when he found out how hard it was to remove the language from the documents that came with his 1950s-era California ranch home - and all the others in his subdivision.

After a Bee article in January detailed Fishman's frustrations in trying to rid his neighborhood of the offensive language, Fishman was contacted by Assemblyman Roger Niello, R-Fair Oaks, who represents Arden Park. "We read about his plight and contacted him to see what we could do to rectify it," Niello said.

(Excerpt) Read more at sacbee.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: ab394; ccrs; niello
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1 posted on 09/12/2005 12:59:36 PM PDT by SmithL
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To: SmithL

Waste of time. Waste of taxpayer money. The covenants are void - they can't hurt anyone anymore.


2 posted on 09/12/2005 1:02:57 PM PDT by wideawake (God bless our brave troops and their Commander in Chief)
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To: SmithL
The horror! I bought a house with a similar covenant. It was so distressing to see that statement within the dozens of papers I signed. Simply terrible. I guess I never read it ever again. Somehow my life has been changed though. Think I can sue someone?
3 posted on 09/12/2005 1:04:49 PM PDT by zek157
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To: SmithL

I think they serve a good purpose. They are a strong reminder of what our country used to be - and is no longer.


4 posted on 09/12/2005 1:05:36 PM PDT by glorgau
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To: SmithL

What's a white Caucasian?
I thought Caucasian meant white.
Silly me.


5 posted on 09/12/2005 1:08:35 PM PDT by roylene
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To: wideawake

No, it isn't a waste of money, IMO. Time after time, the Democrats go through some poor GOP sap's property records looking for this kind of stuff. When they find it, they smear him with the charge that he's a racist or anti-semite because he hasn't gone to the time and expense of legally removing the language, even though some bigot put it on the property decades ago and it's now void and legally unenforceable. I'm all for anything that takes that weapon away from the Dems. I suspect that's why a Republican is backing this legislation.


6 posted on 09/12/2005 1:09:34 PM PDT by John Jorsett (scam never sleeps)
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To: zek157
My husband and I were distressed by our property covenant also, we are not permitted to sell or raise chickens.
7 posted on 09/12/2005 1:10:20 PM PDT by roylene
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To: SmithL

What a trivial thing on which to waste tax dollars.


8 posted on 09/12/2005 1:12:13 PM PDT by American Quilter
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To: American Quilter

I wonder if it wastes more tax dollars for a person to go through all the legal hoops to remove the covenant? Not to mention all the money wasted by the homeowner.


9 posted on 09/12/2005 1:16:47 PM PDT by sharkhawk
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To: SmithL
I didn't know Californians could be racists - I thought you had to grow up in the ignorant South.

< / sarcasm, dammit>

10 posted on 09/12/2005 1:19:19 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: roylene

I can't cut a tree down that is over 6" in diameter. You can't imagine the stress this has caused to me and my family. Who can I sue?


11 posted on 09/12/2005 1:19:42 PM PDT by Flint
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To: wideawake
I'm not in Ca but Tx but do agree that it would be a waste of time and money. Those covenants are looong since unenforceable. I work in title insurance and see them occasionally they are simply ignored. I do see some politically correct disclaimers along the lines of "hey we didn't put them there we just listing what's there". I used to get to look at very old records (still do on rare occasions) as part of my job it was always interesting to find where and old farm or ranch had been purchased for something like "6 mules, 3 bales of cotton and 2 slaves". I probably just let the cat out of the bag on some new reparations theory.
12 posted on 09/12/2005 1:20:07 PM PDT by nomorelurker (wetraginhell)
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To: wideawake

I absolutely agree. I have one of these racist covenenants on my house as well. I had to sign it, along with another document stating that I acknowledge that the race-specific clauses are null and void. It's a totally straightforward and sufficient way to rectify the problem.


13 posted on 09/12/2005 1:22:27 PM PDT by mcg1969
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To: roylene
What's a white Caucasian? I thought Caucasian meant white.

Care to rethink that?

14 posted on 09/12/2005 1:24:15 PM PDT by mcg1969
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To: sharkhawk
In the covenants of a home a bought about 15 years ago, it had one of those clauses that went something like "only persons of the Caucasian race may buy the house, or reside in the home with the exception of domestics..." At settlement I announced that I was an octoroon, and did they want my certificate of racial purity...meanwhile my wife was kicking me underneath the table.

The attorney was smooth and said "...of course, Federal Law preempts any conflicting provisions," with a marvelous Shelby Foote drawl.
15 posted on 09/12/2005 1:25:01 PM PDT by Stashiu (RVN, 1969-70)
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To: SmithL

Sen. Landrieu made a big thing of her vote to apologize for lynchings in June. In light of what happened a couple of weeks ago, one asks whether her time might have been better spent doing something else.

California has a lot of fault lines. I am certain that Californians have something better to do with their time and money than this.


16 posted on 09/12/2005 1:31:32 PM PDT by Brilliant
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To: SmithL

idiots on parade


17 posted on 09/12/2005 1:35:43 PM PDT by porkchops 4 mahound (something in the water?)
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To: wideawake

This was done to create another money wasting, useless federal department.


18 posted on 09/12/2005 1:39:10 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: roylene

Well, I can't have pigs (although the previous owner had one anyway.)


19 posted on 09/12/2005 1:39:31 PM PDT by afraidfortherepublic
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To: sharkhawk
I wonder if it wastes more tax dollars for a person to go through all the legal hoops to remove the covenant? Not to mention all the money wasted by the homeowner.

Yes. I don't know whether I'm outraged at the waste of time and money, or relieved that the legislators are doing this instead of thinking up more ways to rob me of my freedom.

20 posted on 09/12/2005 1:42:16 PM PDT by American Quilter
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