Couple sues city for not allowing them to remove balcony with initial of previous homeowner, who had historical ties to the Ku Klux Klan.
KXAN
The Messenger News
Published 07/03/23 09:56 AM ET
Updated 07/03/23 10:55 AM ET
Aysha Qamar
A family has filed a lawsuit against the City of San Marcos and its Director of Planning and Development Services, following the city's refusal to allow them to remove a balcony associated with racial prejudice from their home.
As reported by the Daily Mail, Kristy Money, Rolf Straubhaar, and their family, who reside in central Texas, were unaware of their home's controversial past when they purchased it. The property allegedly once belonged to the town’s former mayor, Frank Zimmerman, a figure connected to the KKK. Zimmerman is known to have installed his initial 'Z' on the balcony, symbolizing his affiliation.
The family planned to remove the 'Z', arguing that it "doesn't represent their family values," but their residence's location in a historic district meant they needed permission from the city's Historic Preservation Commission.
However, according to KXAN, the commission unanimously denied the request at a May 4 meeting, labeling the lettering a “character-defining element of the house.”
One commission member commented on the decision, stating, “That's the whole point of being in a historic district, you know, to kind of respect the past.”
Feeling like a “guest” in their own home, Money and her family turned to legal consultation. "We felt a bit heartbroken. We wanted to do our best to be a force for good, teach our kids anti-racism values. We weren't going to ignore it,” Money told the Daily Mail.
After engaging Chance Weldon, Director of Litigation at the Texas Public Policy Foundation, as legal counsel, the family initiated a lawsuit challenging the local ordinance that empowers the commission to regulate homeowners' rights in the historic district.
"We believe that both under the United States Constitution and the Texas Constitution, when you regulate someone's property, it has to be based in nuisance or harm, or something that actually falls within the general powers of government,” said Weldon, as reported by the outlet.
The city has one month to respond to the lawsuit. If no agreement is reached, the case will proceed to court, Weldon added. Money stated, when questioned about the lawsuit, that they will “do what we think is best for our forever home.”