We must ban racist clauses in land titles.

Byline: GUEST VIEWPOINT By Kenny Howe and Lara Howe For The Register-Guard

We recently began the process of buying a home in Springfield. It is a charming, well-kept home built in 1951. It is close to our children's schools, it has room for our pets, and the seller accepted our offer. Things couldn't get any better. Right?

Then the preliminary title report arrived in our mailbox. Among the pertinent information, legal description, annual taxes, original deed, etc., was a document called "covenants, conditions and restrictions." It looked normal to us. It mostly contained mumbo jumbo such as setback rules, architectural guidelines, no farm animals and so on.

But then we got to condition No. 8: "No lot in this subdivision shall ever be sold, rented or let to any person or persons other than of the Caucasian race, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner on such lot."

So we checked our calendar. Yep, it was still the 21st century.

We called the title company that sent us this document to inquire why it would ever send such a hateful, hurtful and damaging document to our door. We were given an answer to the effect of, "Oh, that has since been declared unconstitutional, you can sell your house to anyone you want to. It's a historical document that must be included, or the title company can be held liable. Besides, to have that removed would require a majority vote of all homeowners in the subdivision."

The title company officer told us that in his view, such a change would be impossible. We would need lawyers; it's just a part of history.

In our opinion, we are victims of a hate crime. We asked if we were the only ones who had ever complained. Sadly for us, our family and our community, the answer was "yes."

So we did some Internet research and found that Roger Niello, a California state assemblyman from Sacramento, introduced legislation last September that made its way to Gov. Arnold Schwarzenegger's desk and was signed into law. The law took effect Jan. 1.

Assembly Bill 394 makes it easier for homeowners to have this condition removed from their conditions, covenants and restrictions, and allows even a single homeowner to request that the condition be removed from the master document for an entire subdivision. Hmm - they did it in California, yet the title company here told us it would be impossible.

We have contacted many politicians with a request for legislation that will mirror the law passed in California. State Sen. Bill Morrisette, D-Springfield, has returned our letter and has pledged to introduce similar legislation here in Oregon.

Please, good citizens, if you own an older home, check the title documents to your property. Your home may also be subject to racist conditions. The covenants, conditions and restrictions probably were buried among the tax lot map and the flood plain information, just as ours was. Somewhere on a separate page will be lawyer-speak language that tells you the racist condition is no longer enforceable.

We have been told by everyone we ask to correct this situation that it is just part of history. Well, so were signs on buses directing African-Americans to be seated in the back. Would a small disclaimer declaring the unconstitutionality of the aforementioned sign ameliorate that situation? We think not.

If this is "history," then help us make it just that - history, as in no longer there.

Please contact Senator Morrisette ([e-mail]) and lend your support to this no-brainer legislation. Do some research on the Internet and read for yourselves the content of California's Assembly Bill 394. We understand that it did not receive a single no vote on its way to the governor's desk. Write the state senator from your district and ask him or her to support Morrisette.

Let's see to it that this legislation quickly gets a front seat on the bus of humanity.

Kenny and Lara Howe live in Springfield.