LEGISLATOR USED RACE AS TAX DODGE : ROGERS CLAIMED `WHITE MAN' STATUS.

Byline: Mark Katches Daily News Sacramento Bureau

State Sen. Don Rogers, R-Palmdale, sought to avoid paying $140,000 in back taxes and penalties four years ago by claiming he had a ``white man's citizenship'' and was not bound to pay federal taxes.

Rogers used a tactic employed by some members of militia and patriot groups, who claim that the 14th Amendment granting citizenship to slaves created a new class of citizens beholden to Congress.

``Because such a white man's citizenship was not restricted by the 14th Amendment and because he receives no protection from it, he has no reciprocal obligation to a 14th Amendment allegiance or sovereignty and owes no obedience to anyone under the 14th Amendment,'' according to a six-page document signed by Rogers and filed with the Sonoma County Recorder's Office on Oct. 5, 1992.

Rogers began his declaration by writing, ``I Donald A. Rogers, being of sound mind and lawful age, do solemnly declare: I was born in Louisiana state of parents who were white, who were citizen-principals and whose parents time out of mind were and always had been white.''

Rogers was a member of the Senate at the time. He insisted in an interview Friday that he had done nothing wrong and that he owes no apology for his statement.

``What I did had nothing to do with race,'' Rogers said. ``It was simply to get the IRS off my back. I'm not a racist. I don't support any racist groups of any kind - never have, never will.''

Rogers said the declaration was designed to thwart the Internal Revenue Service from collecting the back taxes, fines and penalties he owed the agency.

The IRS also had seized his private airplane and had placed liens on his home and two duplexes.

Rogers said he may file paperwork to rescind the declaration, but he has not made up his mind.

The senator represents the Antelope and Santa Clarita valleys. His predominantly Republican district stretches to the Nevada border.

Rogers said he didn't write the declaration, but signed it after it was prepared for him. He said it was filed in Sonoma - hundreds of miles from his district - because his son who lives there filed the document on his behalf.

African-American and Jewish activists were highly critical of the veteran lawmaker, saying the document raises questions about his suitability for public office.

``It's the ravings of someone who sounds like - ideologically if nothing else - he is tied to the people holed up in Montana,'' said Joe Hicks, executive director of the Los Angeles-based Multicultural Collaborative. ``The idea that he is an elected representative in this state attempting to represent populations of every race is an amusing notion. It's mind-boggling.''

Tzivia Schwartz, the western states counsel for the Anti-Defamation League, said Rogers has commonly attended forums with groups associated with the white supremacy movement.

``I think statements like that, as well as his involvement with some of the more extreme militia and patriot groups, is evidence not only of a complete lack of judgment on his part but should make people question his credentials serving in any capacity in any government in this country,'' Schwartz said. Rogers is a scheduled speaker at an upcoming memorial sponsored by Voice of Liberty entitled ``Remember Waco'' next weekend at the Waco Hilton Hotel.

He said Friday he has not decided whether he will attend.

Rogers drew fire from watchdog and human rights groups in 1994 for speaking at a conference in Bakersfield organized by a small but nationally distributed newspaper ``Jubilee'' accused of supporting white-supremacist beliefs.

Rogers' speech followed another by a former Ku Klux Klan leader who argued that the Holocaust did not occur. He has also appeared on the same speaking bill as representatives discussing topics such as ``The Militia in Montana'' ``The Origin of Race'' and ``The Homosexual Problem.''

He has been praised by militia groups for carrying legislation to repeal the ban against assault weapons.

In 1992, Rogers filed for Chapter 13 bankruptcy protection to prevent the IRS from selling his single-engine 1963 Mooney airplane. Rogers contends he has now settled all debts with the IRS and still has his plane.

His declaration cited several court cases to support his opinion including one that contended the 14th Amendment's ``main purpose was to establish the citizenship of the Negro.''

The document was filed just two months after Rogers, 68, declared bankruptcy protection. It was first reported Friday by The Sacramento Bee and The Bakersfield Californian.

Keith Kimball, a spokesman for the IRS in Los Angeles, said the ploy by Rogers to avoid paying taxes carried no weight with the federal agency.

``Anyone can allege anything they want,'' Kimball said. ``But whether it's legally enforceable or not is another question. There is nothing in the tax code that says because you are this race, that race or the other race you are not subject to the tax laws.''

Kimball said he could not discuss the current tax status of Rogers, however, a check of records Friday showed no apparent liens remaining against any of his property.

Sen. Diane Watson, D-Los Angeles, one of two African-Americans serving in the upper house with Rogers, said she found the declaration by her colleague to be ``bizarre.''

``I'm really troubled by the fact he sits among us,'' Watson said.

Watson said she would urge Senate President Bill Lockyer, D-Hayward, to make sensitivity training a requirement for all senators. Lawmakers are already required to receive annual ethics training.