'Whites only' cemetery in Texas facing lawsuit after turning away widow

[Judi Lynn]

Source: WOAI , KGW

'Whites only' cemetery in Texas facing lawsuit after turning away widow

Zack Hedrick, WOAI , KGW 3:19 PM. PDT July 26, 2016

NORMANNA, Tex. -- A South Texas cemetery is facing the threat of a lawsuit after telling a woman her husband's ashes couldn't be buried there because he was "a Mexican".

Dorothy Barrera of Normanna, Texas revealed an ugly practice after trying to bury her husband at San Domingo cemetery earlier this month.

The whites-only cemetery would not let her bury her husband there because he was Mexican.

"I told her that he wasn't supposed to be buried there because he was a Mexican," said the cemetery's director. "That's as plain as I can say it. That's what I told her, so that's what we've been doing."

Read more: http://www.kgw.com/news/whites-only-cemetery-in-texas-facing-lawsuit-after-turning-away-widow/281790135

[Judi Lynn]

1. Earlier story: SA civil rights group denounces Normanna cemetery incident

SA civil rights group denounces Normanna cemetery incident

By Zack Hedrick, News 4 San Antonio |Monday, March 14th 2016

SAN ANTONIO -- A woman trying to lay her husband to rest unearthed an ugly practice in south Texas -- a whites-only cemetery operating in 2016.

Since news of it came to light, several civil rights groups have come forward to challenge the antiquated and illegal practice.

These eight people say they've had enough.

"Politically it should be resolved not addressed," said Peter Vallecillo, state commander of the American GI Forum Organization of Texas.

More:
http://news4sanantonio.com/news/local/sa-civil-rights-group-denounces-normanna-cemetery-incident

[HeartoftheMidwest]

5. Open in 2016!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

No words.

[TexasTowelie]

2. I grew up about 40 miles from Normanna.

I heard about the story when it happened and wasn't surprised. It's more common for cemeteries to be "segregated" in south Texas than to deny burials though.

March 4:

South Texas cemetery first blocks, then allows burial of Hispanic man

A South Texas woman who was told she couldn’t bury her husband’s ashes in their South Texas hometown because he was Hispanic will be allowed to bury him there after all, but now she’s not sure she wants to.

Donna Barrera, who was married to Pedro Barrera for more than 40 years, said she has hired an attorney and will fight to make sure people of all races and ethnicities are allowed a final resting place at the San Domingo Cemetery in Normanna, just north of Beeville on Texas 181.

Normanna has a population of 65, according to the U.S. Census. Of those 65, 11 are Hispanic or Latino and two are black.

The trouble started when Mrs. Barrera ran into Jimmy Bradford, the owner of the San Domingo Cemetery Association, at the post office. She said she asked him how she could get a plot for her husband’s ashes at San Domingo. Bradford told her the board would not allow it, she said.

More at http://www.mysanantonio.com/news/local/article/Cemetery-official-will-allow-burial-of-Hispanic-6871526.php#photo-9507933&cmpid=artem


April 30:

Latino civil rights group files lawsuit against 'whites only' cemetery in South Texas

A Latino civil rights organization has filed a lawsuit against a “whites only” cemetery in South Texas, according to a news release issued Friday.

The Mexican American Legal Defense and Educational Fund, MALDEF, filed the suit in Texas federal court against the Normanna Cemetery Association and its caretaker. The suit claims the caretakers and the association are “in violation of state and federal prohibitions on race and national origin discrimination.”

The graveyard is located in Normanna in Bee County, where officials representing the cemetery have upheld a policy for decades that prohibited Latinos and African Americans from being buried there.

"Segregated cemeteries were part of an architecture of discrimination against Latinos in Texas," said Marisa Bono, MALDEF Southwest Regional Counsel and lead counsel for the plaintiff. "We look forward to closing this shameful chapter in our state's history."

More at http://www.mysanantonio.com/news/local/article/Latino-civil-rights-group-files-lawsuit-against-7385834.php

[jtuck004]

3. Bigots only. Odd that. They say you can't take it with you, but these folks are taking hate. n/t

[Socal31]

4. The irony of "San Domingo" cemetery being whites only.

[hamsterjill]

9. That struck me, as well.

But I live in Texas and this does not surprise me.

[left-of-center2012]

6. Is Heaven segregated as well?

Do these white deceased go to a whites only Heaven?

[Aristus]

11. Yeah, it's called Colorado Springs.

n/t.

[left-of-center2012]

15. Not quite

http://www.city-data.com/city/Colorado-Springs-Colorado.html

[excringency]

7. I thought we had settled this nearly 70 years ago.

https://tshaonline.org/handbook/online/articles/vef01

Take the link to read about the same kind of bull from 1948 Texas that helped to start a Mexican American civil rights movement.

[Initech]

8. This is still a thing?

[csziggy]

10. As one of the speaker said at the DNC - "I didn't cross the line"

Many of the "Mexican-Americans" that live in Texas come from families that have lived in the same areas far longer than Texas existed or has been a part of the US. I don't know if Mrs. Barrera's husband was from one of those families, but it shouldn't matter and it doesn't matter to the bigots - they discriminate against people if their surname sounds "Mexican" or if they look "Mexican."

Hey, bigots - go back to where you came from. Some of the people who you hate have ancestors on this continent far longer than your ancestors were here.

As someone of totally northern European ancestry, I am embarrassed by the bigots.

[MosheFeingold]

12. I'm willing to bet

The grantor of the land for the cemetery, back in 18whatever, put some language in the grant to the effect of "for so long as the land is used as a cemetery to bury only (old white probably-protestant bigots like grantor) and no Jews, blacks, Catholics, or persons with a Hispanic surname."

The cemetery's director is probably afraid of a lawsuit by great-great-grandchildren of said bigoted Grantor, who would want what is probably now expensive real estate back if the clause is breached, and they're licking their lips wanting that 100 acres.

There were a lot of lawsuits (and a federal law) getting rid of similar race/religion based restrictions in housing, but the Supreme Court left alone grants for churches (. . . "for so long as this is an Episcopal Church. . &quot and --- I bet --- cemeteries.

In fact, I am aware of a number of cemeteries that restrict based on religion (e.g., Catholic, Orthodox Jewish).

So, long story short, this is disgusting, but there is probably nothing to be done.

[msanthrope]

13. Lordy.....that was settled in 1948. Shelled v. Kraemer. You can write

any covenant you want. No court in this land has the authority to enforce a racial covenant.

[MosheFeingold]

14. Ah, young grasshopper

That does not apply to religious property, which this cemetery may or may not be. There are ample examples of people being forbidden to be buried in religious cemeteries.

Shelley also required state action (an injunction to enforce), while a charitable grant of land that has divestment language remains a private contract.

Note, I am not saying the bigot is not a bigot, and this is wrong, but the holding of the court is specific.

Law and justice have only a passing relationship.

[msanthrope]

16. I agree that law and justice have a passing relationship...but, you presume

this has divestment language. I'm betting the original grant predates the carryover specification. No one contemplated a court actually overturning them.

That being said......a press of this issue is due, no?

[MosheFeingold]

17. Be fun

I passed the bar in 1949 and remember the case very well. Be a nice ending to my career. You've tempted me.

[TexasTowelie]

20. See post #18.

[TexasTowelie]

19. See post #18 for an update to the story.

BTW, the real estate in that part of the state is relatively cheap. If it has any significant value it would be for mineral rights since it is in the natural gas portion of the Eagle Ford shale formation; however, drilling has pretty much come to a halt in that area and the boom is over. I've driven by that cemetery and it is small--probably only 2-3 acres. The town where it is located only has a population of 113 according to the 2010 census.

[TexasTowelie]

18. Update: Federal court ruling: Refusal to bury Hispanic in all-white cemetery was discriminatory

http://www.democraticunderground.com/107831495

The article is from the local newspaper for that region of the state.