SAN MARCOS, Texas — Living close to campus was important for Kristy Money and her husband Rolf Straubhaar– both of whom are educators at Texas State University– when they bought their “forever” home in the historic district of San Marcos eight years ago.
When you have a house built in the 1930s, there’s a great deal of history, but also plenty of work to put in.
“There were a lot of critters in the attic and in the walls,” Money said. “… the roof leaked, the electrical wires were from 1932 and incredibly dangerous.”
Wanting to keep the house true to the time it was built, the Moneys say they worked to repair and preserve as much as they could.
That is, except for a decorative ironwork initial of the letter “Z” on the front fascia of the two-story house. Despite being barely visible from the street, the Moneys say the history it represents still haunts them.
“It’s the ‘Z’ for Zimmerman,” Money said. “Since he reflects, you know the [Ku Klux] Klan’s activity… we just don’t want that representing us.”
The “Z” represents Frank Zimmerman, a former mayor of San Marcos who built the house.
In the mid-1920’s, Zimmerman bought both The Marc and The Grand Opera House, but also had heavy ties to the Ku Klux Klan.
“He hosted Klan day at his theatre,” Money said. “I mean, he didn’t just show ‘Birth of Nation’, but he mentioned that it was his favorite movie.”
The Moneys say they were horrified to learn this, but getting rid of that past hasn’t been easy.
Straubhaar said the Zimmerman house isn’t historic itself, but because the house sits in a historic district, they must have permission from the San Marcos Historic Preservation Committee to remove it.
When the couple applied for a permit to remove the symbol in early 2023, they were denied.
“Property rights are human rights,” Money said. “I think many would agree to that about their homes, but then they want to control other people’s homes. I think that’s just not right.”
Represented by attorneys at the Texas Public Policy Foundation, the Moneys are suing the City of San Marcos.
“We filed a lawsuit against the city arguing that it violated their constitutional rights,” Christian Townsend, one of the attorneys representing the Moneys, said.
In the lawsuit, Townsend argues that under the Constitution, a private homeowner is not subject to bear a public benefit at their expense without being monetarily compensated for it. He also said that according to Texas law, city governments don’t have the power to tell homeowners what their home can look like.
“They can’t tell you what color to paint your house, what shutters you have to have on the side of your house, or whether or not you can keep a ‘Z’ on the side of your house,” Townsend said.
The lawsuit was filed last June, but was dismissed in a district court.
However, in early February, the Fifth Circuit Court of Appeals sided with the Moneys, allowing them to have their day in court.
Townsend said the case will go back to a lower court unless the City of San Marcos appeals to the Texas Supreme Court.
The Moneys say they hope the “Z” stays a part of San Marcos history, but not theirs.
“This is our forever home,” Money said. “I mean, we’ve decided that and we’re sure we’re gonna make it a place that we want to raise our kids in forever and show them that we’ll do what it takes to align our home with our values.”
KVUE reached out to the City of San Marcos, who responded with a statement, saying that they do not comment on pending litigation.