Sun 6 Jan 2013
I’m familiar enough with the history of this country to be aware of and repulsed by the prevalent use of racially restrictive covenants that prohibited property ownership and occupation — a completely legal practice that stood in place until it was overturned by the US Supreme Court in 1948.
A restrictive covenant is basically a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something.
As an aside, it should be noted that it was a lawyer from right here South Los Angeles named Loren Miller — the son of a slave – who was instrumental not only in winning many local cases against racial covenants, but also the most celebrated one: Shelley v. Kraemer (1948), which he and partner Thurgood Marshall argued successfully before the U.S. Supreme Court. Miller would later go on to be named Justice of the California Supreme Court by Gov. Edmund G. Brown (our current governor’s father), serving until his death in 1967.
But back on topic. Cleaning out her files, Susan came across a copy of the original grant deed for our property made out by the parcel’s original owners George and Katherine Palmer, dated September 26, 1907. It starts off with some pretty standard normal conditions:
- that it be used for residential purposes only;
- that any out-buildings not be erected less than 75 feet from the front line of the lot;
- that the value of the dwelling built must be greater than $2,500 (remember that’s 1907 dollars);
- that anything built be not less than 1.5 stories in height;
- that the home should be built no fewer than 35 feet from the front of the lot nor within four feet of the sides.
Then there’s a cool one, specified:
“That this property shall never be used for the sale of intoxicating liquors.”
Then it gets repulsively nasty, see for yourself:
Click it for the bigger picture or read the transcribed abhorrence below:
“That the party of the second part, his heirs, administrators, executors or assigns shall never convey lease or rent these lots or any portion thereof to any negro or to any person of African or Asiatic descent.”
Despite too-regular reminders provided by our past, I am always ever-amazed and embarrassed at how those in this country so shamefully and selfishly managed to subvert and disregard the second line of its Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”