Kristy Money and Rolf Straubhaar are San Marcos homeowners who want to remove a symbol from the front of their home relating to a previous homeowner who had affiliations with the Ku Klux Klan. But Kristy and Rolf are prohibited from removing this symbol from their home by an unelected commission empowered to judge the aesthetics of homeowners’ changes to their homes. This clearly violates the U.S. Constitution’s taking clause by forcing homeowners to keep unwanted objects on their property and exceeds San Marcos’ power given to them by the Texas Constitution.
The Texas Public Policy Foundation’s litigation center, the Center for the American Future, sued the city of San Marcos for violating the Constitution by forcing homeowners to keep unwanted objects on their property under the guise of a historic preservation ordinance.
Read more about the case here.