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Old 04-06-2003, 12:32 AM
paghat
 
Posts: n/a
Default garden police gone wild?


In article , "Vox Humana"
wrote:

"paghat" wrote in message
news
Communities regulated by Home Owner Associations CAN define the
age, religion, social status, & race of "appropriate" members permitted to
buy houses within the housing enclave -- & no matter how agregiously
prejudiced, it's perfectly legal, nothing those gawdamn queers & darkies
or whoever's left out can do to stop it, neener neener. The loophole makes
it legal to keep grandparents from letting their kids or grandchildren
move in when a housing community outlaws anyone under the age of 60; it
keeps Jews out of Christian housing districts; it can even be "gated" with
a guard at the front gate to protect middleclass whities from "crime"
which is a code-word for "******s." It makes it legal to be upfront &
openly judgemental about why the mixed-race family is rejected from buying
into the given community, & if they think they should have the right to
sue over discrimination, tough.


Most of what your wrote is a complete fabrication. Here is the applicable
federal law. The complete statue can be found at:
http://www.usdoj.gov/crt/housing/title8.htm
Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and
other prohibited practices


You're just so dead wrong. The loopholes require first that no government
funds be involved in building these private communities; incorporated
housing enclaves run by Homeowner Associations, cooperative apartment
buildings, just like private clubs, have all been dragged into court
REPEATEDLY, & their right to be bigots has always been upheld. These
communities would not exist otherwise.

Though communities with racist covenants go back to the late 1800s or
earlier, Homeowner Associations really only began to take hold in America
in a major way in the 1960s & early 1970s when there was no longer any
question but that Civil Rights was making it harder for bigots to have
their way, & covenants alone might no longer keep the ******s out.

The founding father of Homeowner Associations was California real estate
tycoon Ole Hanson, a racist of the first water (not the same Ole Hanson
who was Seattle's only fascist mayor early in the last century). Ole
composed charters of incorporation that were pure venom, & assisted by his
bought & paid for congressional connections, saw to the establishment of
laws that made his Whites Only idea of Utopia legal even in the post-Civil
Rights era. His charters & deeds provided that homes within a given
enclave could never (into perpetuity) be sold to any Hindu, Negro, Asian,
or other racial minority. He's THE great hero of the Homeowner
Association movement. He set the model, & that model has never changed.
He's as close to Evil as any Norwegian American ever got, yet he gets to
have a an elementary school named for him, & Richard Nixon was pleased to
live in in Ole's first no-minorities-allowed project.

Over time Ole's overt racism has become submerged; it's not likely that
any Homeowners Association still puts right in their charter "no ******s
need apply" as Ole did, because in 1966 the Supreme Court made racist
covenants illegal (though no one enforced that). The spirit is still
there, & it's still the primary reason such enclaves feel it necessary to
incorporate in the manner of private clubs but with added features of
independent village government. Without the overtly statedly racist
covenants (which were standard from about 1900 to the 1950s) a Homeowners
Association COULD make the specific choice to become an integrated
neighborhood, but the recent example in San Clemente with Ole's original
racist experiment STILL behaving like white upper class variants of
trailer trash Ku Klux Klan members, well, it's clear that the spirit
behind the invention of Homeowners Associations still runs profoundly
deep, & it is NOT a coincidence 99% of them are to this day lilywhite.

Though the Supreme Court theoretically knocked down the overtly racist
covenants in 1966, the covenants somehow managed to remain broadly in
effect until 1999! The first legislation against them in California was
that year, but it didn't actually outlaw racist covenants, rather, it
outlined a method by which homeowners who were NOT racist could ask that
the wording be removed from charters & covenants, & when the Associations
refused (they invariably refused) they could be sued for damages. This is
why the majority of the "harassment" that Homeowners Associations have
been experiencing of late (with either federal or county governments
taking actions against their standard racist policies) have been
post-1998, & nearly all the attempts to change the norm are still being
worked out in long court processes. Another tepid law was sponsored by
Senator George Nakano & got through in 2000 -- though it makes the
CONVENTS illegal (rather than their continuing spirit which is legally
kept active), even that limited illegality takes effect if there is HUD or
other government funding entering the racist enclave. If there is
government funding, even the most outrageous racist covenant is legal
right now (but subject to suit by members thanks to the 1999 legislation).


Most Homeowner Associations don't feel the need to have the strong racist
wording in order to behave the same as ever; they're satisfied to have the
continuing right to be bigots, & who needs HUD anyway.

What California starts, other states follow, & soon the same challenges
were happening in Texas, Florida, etc. Most states don't yet even have
anyone looking at covenants & older charters, let alone at "mere" policies
that "just happen" to work out in a manner that'd please the KKK.

It would be nice if I fabricated all that as you so misguidedly supposed,
but you clearly need to do some REAL research rather than cutting &
pasting an inapplicable law you found too hastily with a google search
without knowing squat beforehand.

For three years now, the Civil Rights Commission on Hate Crimes has been
attempting to get Homeowner Association standard policies defined as Hate
Crimes so they can be prosecuted successfully (since the law you cited
does not apply). So far, the Commission has failed, as in case you haven't
noticed government has tilted back toward ideals of a a pre-Civil Rights
America. But the law does now move in occasionally in the most overt cases
where an "inappropriate" race managed to buy into one of those enclaves &
Association members begin terror campaigns, such as were undertaken by the
Palacio del Mar Homeowners Association in California against one elderly
Malaysian woman.

The Association waged a ten-year campaign against the Malaysian woman -- &
that whole time the Association never had to contend with any other
"inappropriate" races as their "coincidentally" were no other successful
buyers from any minority community. Their tactics against that one woman
included arranging to have streetside watering devices left on 24 hours a
day, aimed up the hillside at the Southeast Asian woman's home, & when
that didn't annoy her sufficiently, they intentionally broke a water main
near her house creating a geyser. The when the sewer pipe mysteriously
broke near her home, the Homeowners Association informed her hell would
freeze over before it would get fixed. After TEN YEARS of the police
refusing to help this elderly Malaysian woman, some good activists got
wind of it & made her a bit of a celebrity, & that's when other immigrants
& also gays & lesbians poured out of the woodwork with their complaints
about legal housing discrimination by Homeowner Associations, & if they
managed to sneak into the housing anyway, the harassments that forced them
out. But one brave old Malaysian gal wasn't going to cave in to it!

Eventually the H.A.'s mischief caused the ground under her house to move &
the house still sits 12 inches off its foundation. All this while, by
night, curse words & the command "MOVE!" were spraypainted on her house --
repeatedly. When on the television news she called the Association a pack
of racketeers, they set their lawyers on her with a baseless but for her
costly civil suit. And so at long last entered the California Attorney
General who attempted to prosecute the gang of attorneys the Association
AS racketeers, since they had indeed been hired to harass the only
non-white family in that lilywhite community by every means they could
drum up. The state attorney general's attempts to find a way to prosecute
hate crime behavior rather than just use Section 804 is because Section
804 does not apply under the laws & methods of establishing a Homeowner
Association run private enclave, which like a private club can be as
racist as it desires to be & be so legally. The commission on Hate Crimes
& the California attorney general wouldn't've had to get "creative"
attempting (unsuccessfully) to stop Homeowners Associations' racism if the
normative antidiscrimination laws applied; but they do not apply.

This is a big Homeowner Association which was historically proud of its
political pull, but by the new millennium they were at long long last
beginning at least to experience some few repercussions for their brand of
legal racism. If there were any non-racists in the whole damned community,
not a one ever came forward to even hint that the decade of harassment to
get rid of the only gook in the neighborhood served no good purpose for
anyone. TO DATE, NOTHING HAS CHANGED except that it is now better known
what Homeowners Association really means. Congressman Inouye said that
public education was necessary, as the law was just not providing the
corrections. So here I am doing what Inouye said to do -- NOT fabricating
as you so wrongly accused, but telling the truth as it stands.

Curiously, now that there ARE all-Latino Homeowner Associations in some of
the nicest areas of California, a few white people have come forward to
fight for change in laws that for the last fifty years have permitted
whites to be as racist as they please if they can orchestrate their
housing districts legally as semi-independent private governments.

There is nothing unique about the extreme & venomous racism of the Palacio
del Mar Homeowners Association. It is standard, & the government has gone
after only the most egregious cases where the policies were either written
into incorporation documents, charters, or covenants, or when the
Associations committed physical hate crimes against persons & property to
get them to leave the Association's territory. If such Associations make
even a moderate effort to keep their heads down while misbehaving, then
whatever their excuse -- that they're a Christian community therefore no
Jews, that they're an Elderly community therefore no women of childbearing
age nor even any grandchildren living in, that they're an Aryan community
therefore none of those really nice black people who if they don't like it
should start their Black Homeowners Association, which would of course be
just as legal, & in in recent years Mexican Americans have taken advantage
of that even if black folk haven't been able to.

Now you might argue (as Homeowner Associations argue) that we should all
have the RIGHT to gang together with people of our own kind & do
everything possible to make sure we don't have to live in integrated
communities. But you, instead, argue that reality doesn't exist. I know
you're smarter than that -- I've read your posts too long to believe
you're really that dumb -- & yet you posted such fantastic nonsense! What
or who ever convinced you of such nonsense?? I hope you'll now question &
look into it seriously, rather than kneejerkedly deny reality.

Obviously many people involve themselves in their Homeowner Association
never thinking about these issues, & may not be individually racist, but
by living in De Nile, & refusing to notice what is going on all around
them, they are High Fivin' participants in an ongoing racist situation.

So now & then the government is pressured to attempt to do something about
it, as in a Houston Homeowner Association lorded over by an intensely
racist conservative named Geneva Brooks. Since a Homeowners Association's
"right" to be bigoted is the reason such Associations exist, the
government couldn't go after her on the basis of housing discrimination.
George Bush when governor had signed a law into effect that permitted
Homeowner Associations to foreclose on houses over missed payments as
small as one penny --the purpose of which was to assist these Associations
in getting rid of Mexicans & Blacks on the thinnest basis. But that
hideous law leapt up to bite the Association itself in the ass, when the
county seat decided to get "clever" in attempting to make it unpleasant to
be a bigot. They began citing Kirk on dozens of minor housing infractions
& dragging her into court on any pretext (much as racketeers end up in
jail for tax evasion when the government couldn't get them on their dozens
of murders & racketeering). Then the county struck out to foreclose on her
home inside the racist housing development, on the basis of unpaid legal
bills & fines, using the same law that was supposed to make it easier for
such Associations to harass unwanted races or religions out of their
enclaves. If section 804 applied to Homeowner Associations, it would not
be necessary to go after these miscreants by such roundabout means.

The majority of Homeowner Associations aren't so overt. They are only
"coincidentally" lilywhite. The middleclass honky rednecks that buy into
such communities NEVER took into consideration the happiness they would
feel if they could be pretty sure they'd never have to live next door to
hymies or gooks or ******s.

Anyone who hasn't heard of retirement housing projects wherein
grandparents signed away any privilege to have a grandchild live with them
for longer than a month has been closing their eyes. Anyone who hasn't
noticed the lack of Jews or Blacks in the majority of these enclaves (or
of whites in the all-Latino housing associations), is playing the See No
Evil Hear No Evil game on themselves.

Case law includes a woman who bought into a "no children allowed"
community who later became pregnant, was informed she had to sell her home
now that she had a child, but WON the resultant court case. This induced
all such enclaves thereafter to discriminate (legally!) against women of
childbearing age so that this wouldn't happen again. Clubs & housing
enclaves that ban anyone they pick out, generally minoritiesm can & do
continue to maintain bigoted policies, & it is not illegal.

There are a few (damned few) Homeowner Associations around the United
States which, knowing their origin, & ashamed of that origin, actively
issue periodic statements that their private communities do not support
the racist desires that birthed these enclaves. Homeowner Associations
should not be confused with Neighborhood Associations which do not have
the same legal standing -- N.A.s tend to be good things though they can be
overzealous about what they consider tidiness, but they're more inclined
to be against racism & for integration than any Homeowners Association
which would not have gone through all the trouble to become an
semi-independent self-governed entity if their primary goal hadn't been to
circumvent certain federal laws that make life better for everyone except
racists.

My own experience with one of these Associations was was when Granny
Artemis & I were home hunting. The Association first turned us down
officially because they did not permit women of childbearing age. We
apparently looked younger than we are. We assured them we had no desire to
become lesbian mothers anyway, as we thought it was a joke. Their eyes got
big & round & they said they didn't permit homosexuals. I was ignorant of
what these Associations meant, but I spoke to an attorney, & was apprised
of the legal reality, they can be as racist as they please, incorporated
communities of that sort CAN ban faggots, dykes, ******s, jews, & anyone
they please. From then on we were careful to find out who our neighbors
were. We found a great place with great neighbors & gays, straights,
blacks, asians, indians, & whites all living happily together, with
several interracial families right here on our block, & I now count myself
lucky those racist munchmonkey Homeowners Association people rejected us
for being dykes. It would've been absolute hell if we'd accidentally ended
up in a Klan-like neighborhood of that sort!

If you want NOT to get caught up in the future claiming people are
"fabricators" when they know a heck of a lot more than you have as yet
bothered to learn, you might look into this a bit deeper. If YOUR
Neighborhood Association has managed to orchestrate a fully integrated
neighborhood, good for them. They'd be the less than one out of a hundred.
But if your neighborhood is lilywhite & the best you can do is cite
Section 804 as proof reality doesn't exist, then shame, shame, shame on
you. What you should do instead of keeping your head in the sand is invite
the NAACP to address your Homeowners Association. They have an active &
polite approach to educating what amounts to White Homeowners
Associations, attempting not to alienate on the off chance that some of
you are good people who just need your hard-won unconsciousness turned
into awakening.

-paghat the ratgirl

--
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
-from Peter Newell's "Wild Flowers"
See the Garden of Paghat the Ratgirl: http://www.paghat.com/