No place in covenants for racial restrictions

Any Kansas homeowners’ associations still carrying racial restrictions in their covenants shouldn’t need to be told by state law to get rid of them. So maybe just hearing about legislation proposed by Rep. Bill Feuerborn, D-Garnett, will be enough to take care of any vestiges of such racism around the state. If the bill passes, homeowners’ associations with such covenants could be sued by a city, county or individual, and attorney fees could be recovered. Between now and the session’s start in January, homeowners’ association directors should ensure that no such legislation is necessary.
Posted by Rhonda Holman

12 Comments

  1. Roo
    Posted October 31, 2005 at 6:18 am | Permalink

    Why the need for housing covenants in the first place anyway? My home is my castle, and I don’t wish to submit to some arbitrary guidelines being shoved down my throat in the name of “property value.” I WILL decorate my house as I see fit, and invite my friends and neighbours when I desire to do so. My children will learn about diversity of life from the playmates living just down the street, in between tracking mud all over the front yard. I say, ban covenant housing, period!

  2. Posted October 31, 2005 at 6:33 am | Permalink

    Yes, the time for these covenants is past, but there was a reason for them when they were fist initiated. It was called neighborhood busting and caused wholesale selling and property devaluation.

  3. Joe Williams
    Posted October 31, 2005 at 8:51 am | Permalink

    I thought they were made illegal long time ago in a Supreme Court decision if I’m not mistaken.

  4. Ray Thomas
    Posted October 31, 2005 at 10:33 am | Permalink

    It appears that certain covenants are illegal, yet other racially based separations are applauded.

    This morning’s paper goes into detail about a group that supports only black high school females. Could you imagine the uproar that would develop should a group try to support white male teenagers? It would be untenable.. but a black female group is applauded.

    *sigh*.

  5. XXX
    Posted October 31, 2005 at 11:40 am | Permalink

    You’re a little off point, Ray, but you’ve found an interesting subject. I agree with you 100% on the uproar.

  6. Bohica
    Posted October 31, 2005 at 12:34 pm | Permalink

    Oh boy Ray… you got me going now….

    What would happen if a TV station started up called WET (White Entertainment Television)? Or started up a college thingy called NAAWP?

    Let’s look at sports. The NBA announced last week that when players are representing the NBA or are traveling to games, they are not to wear excessive (or big) jewelry. Now the blacks are saying it’s racist. It’s their bling!Or you also have the blacks complaining that there aren’t enough black owners/managers/coaches. Ok… let’s look at what race makes up the teams!! 97% black. If they want equal ownership and coaching, let’s make it across the board, and make it an even playing field. But, who wants to watch a team made up of 2 whites, 2 blacks, and 1 hispanic?

  7. Posted October 31, 2005 at 1:59 pm | Permalink

    Ray–

    Groups made up primarily of blacks and other minorities make sense because they have been dis-empowered due to race and gender.

    That’s why traditionally men’s organizations like Rotary have to open membership to women. Since a men’s group has power implicit in its connections, it has to make those relationships available to women as well. A knitting group, say, doesn’t have those power relationships, and so it doesn’t have to integrate.

    If you don’t believe that connections matter, how do you explain Bush attending Yale?

    But affirmative-action is fine when it benefits rich white guys, right?

  8. Ray Thomas
    Posted October 31, 2005 at 3:46 pm | Permalink

    Wrong, Galahad. Affirmative action is nothing more than reverse discrimination. I have been on the receiving end of it more than once, and am sick of it.

    I did nothing to ‘dis-empower’ any groups in any way, shape or form. This nonsense is pure and simple racial segregation.

    Here I thought Kerry also attended Yale…what say you to connections on that one? Or the Kennedy’s attending Harvard? That has nothing to do with the point I am making–selective discrimination should no more be tolerated than any other type.

  9. Posted October 31, 2005 at 7:10 pm | Permalink

    I’m not sure about platted covenants, but I know that deed restrictions cannot legally be removed once filed, even if they cannot be enforced. It may be that under current law the associations are not able to remove or amend the covenants, in which case new legislation would be necessary. Besides, any restrictions that prevent minorities from purchasing real estate are constitutionally unenforceable.

  10. Posted October 31, 2005 at 10:11 pm | Permalink

    Racial restrictions are considered void and unenforcable (Shelly v. Kraemer, 334 US 1 (1948) If our law makers would look around they would not waste time on issues that have been decided.

  11. Seedy
    Posted November 1, 2005 at 9:11 pm | Permalink

    I’m from White. In my homeland, we speak Whitish, and eat all sorts of delicious whitish foods. It’s a cultural tradition of ours to celebrate the day our country received independence by playing whiteball, a game consisting of spray painted penguins and smoked salmon.

    No dice. YOu can’t have a “white entertainment television” or a “national white history month” or the thousands of other ridiculous propositions people offer up because white is not a culture. European whites are diverse amongst themselves, but when you throw in white south americans and perhaps white south africans you see how ridiculous concept is. There is no cultural unity, just an absence of pigment.

    American, Polish, British, Norweigan, wtf ever–you can have special days/groups for these people and it’s just fine. But “white” doesn’t cut it. To create a special day or group or something just for whites would just be a way to exclude other ethnicities, not to celebrate a culture.

    Every February, every Cinco de Mayo and every Kwaanza these stupid arguments come up. “Whine whine whine, why do blacks get a special month for history but whites don’t????” Shut up. White pride doesn’t exist. It’s just racism with a nickname.

    Sorry. I’m normally just a lurker. Carry on.

  12. Damoon
    Posted November 5, 2005 at 9:35 pm | Permalink

    So European Americans can’t have a special day? That’s not fair! Whinnnnnnnnnnne!