“Manassas Changes Definition of Family”

Rather than implement a family neutral rule on occupancy limits in residential housing, the Washington Post reports today that the City of Manassas has implemented an ordinance that sets a new government definition of family that says a nephew is not a family member. The new rule would allow a mother and father and 16 children to live in a 5 bedroom house, but prohibits a mother, father, two sons, a nephew, a roomer and his girlfriend from occupying the same residence. And, the ordinance is enforced primarily based on complaints. Surprise… most complaints have been against Latinos, who among other things come from a culture in which extended families often live together.

You can understand why the woman and her husband featured in the story (both now citizens who are immigrants) might be confused about why their “family” can’t live together but another “family” can (even if that family is significantly larger).

“Considering, though, that every house on her block more or less resembles hers, and considering that she has only seven people living in a five-bedroom house, she was suspicious about why she was singled out. As far as she knew, she and her husband were just doing what any normal family would do to make it.”

If crowding or multiple cars are the problems they can be addressed by neutral rules that apply equally to all.

The effect of the ordinance on this hard working immigrant family is to require them to sell their $270,000 house (mortgage $3500) and become renters.

Here’s how the city official explains the change in the ordinance:

Then Brian Smith, chief building official, stood up to explain the new concept in town: consanguinity.

Under the city’s old, broad definition of family, just about any group of relatives, however distantly related, was allowed to share a single-family house, along with one unrelated person.

The problem with that, Smith explained, was that when inspectors responded to a complaint, they often found houses full of aunts, uncles, cousins and extended relatives but no violations, because the total number was below the occupancy limit.

“We were stymied by families who met the existing definition,” Smith said. And so the city changed the rules to break up more households.

If homeowners don’t exceed the occupancy limit in their residence, why is the City interested in breaking up their household? If the occupancy limits were too high, why weren’t they lowered? If this isn’t a safety issue, what is the issue? Demand on services? Oh, I get it, an aunt or a nephew demands more services than a child or a parent?

Rules that are not neutral; disparate enforcement against Latinos; perhaps the City official should have said “homogeneity” instead of “consanguinity”?


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24 responses to ““Manassas Changes Definition of Family””

  1. Will Vehrs Avatar

    CG2, you beat me to posting on this topic. I wanted to remind readers of the extensive discussion we had on this topic earlier:

    http://baconsrebellion.blogspot.com/2005/12/mean-spirited.html

    From this article, we have a chance to see the ordinance in action and the questions it raises.

  2. Anonymous Avatar

    Unjust, unfair, and wrong.

  3. James Atticus Bowden Avatar
    James Atticus Bowden

    I’m confused. Note,”but no violations, because the total number was below the occupancy limit.

    “We were stymied by families who met the existing definition”

    If there is no violation, then what is the problem? And the families meeting the existing definition means there is no foul.

    The city government should leave well enough alone.

    I don’t give a rip about the ethnicity of the families. It’s a red herring. I care about the principle that the government should leave people alone when they aren’t breaking the law.

  4. The problem with that, Smith explained, was that when inspectors responded to a complaint, they often found houses full of aunts, uncles, cousins and extended relatives but no violations, because the total number was below the occupancy limit. “We were stymied by families who met the existing definition

    It’s transparent they mean:
    We’ll change definitions until we keep those Latinos out

    Why don’t they just outlaw aunts, uncles, cousins, etc.? Make parents, siblings, and children the only relatives allowed to exist in the city… yeah, that’d do it. (For the humor-impaired, that was sarcasm)

    Seriously, Virginia doesn’t pre-define ‘family’ very clearly –perhaps because ‘family’ isn’t a clear entity– but under the Administration of Government “§ 2.2-419 “Immediate family” means (i) the spouse and (ii) any other person who resides in the same household as the executive or legislative official and is the dependent of the official.”

    Under Counties, Cities and Towns Chapter, § 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member.
    A. In any county and the City of Suffolk…any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family.
    B. …in a county having the urban county executive form of government…a member of the immediate family is defined as any person who is a natural or legally defined offspring or parent of the owner.

    In Criminal Procedure § 19.2-368.2 Family means “(i) any person related to such person within the third degree of consanguinity or affinity, (ii) any person residing in the same household with such person, or (iii) a spouse.”

    As an aside, what can (and is going to) happen with non-familial cohabiting gays? If challenged, and the city’s definition of family stands, the other provisions of three unrelated people or two unrelated people and their children are inconsistent with this.

    For that matter, what’s to keep the city from prohibiting cohabitation under the newly discovered auspices of “zoning”?

  5. Anonymous Avatar

    Has there been a defense fund set up to contribute to?

    This stinks. This just plain stinks.

  6. The Mayor of Manassas said “The issue is the impact of overcrowding in our community. It looks as though that issue is a direct result of illegal immigration.”

    Why don’t they just make illegal immigration against the law?

  7. Lucy Jones Avatar

    I hope she checks out every single house in that district and reports any who have violations. Our family would be out in the cold under this law. It doesn’t just affect immigrants or Latinos. Not even the Kennedy’s can live in Manassas! It’s stupid and I can’t believe they can even think this is legal.

    If anyone knows how we can donate our funds or time to help this family, please let us know!

  8. Anonymous Avatar

    See what happens when the federal government can’t do its job.

    Something needs to be done about illegal immigration.

    My question is, when they went to the construction worker’s home (in that article) why wasn’t he questioned as to whether he was a legal resident (citizen, visa, or otherwise)? Who’s job is it to ask those questions? Someone needs to step up to the plate.

  9. Lucy Jones Avatar

    In the article there is a sidebox with the family definitions (“Defining the Family”):

    “B. Two or more persons related to the second degree of collateral consanguinity by blood, marriage, adoption or guardianship, or otherwise …”

    Why isn’t the nephew considered related?

    From here, it appears an uncle and a nephew are related to each other in the second degree.

    I could see why the couple that rents downstairs is not related but why the newphew? Am I missing something?

  10. NoVA Scout Avatar

    It’s refreshing and encouraging to see how uniformly everyone at Bacon’s Rebellion has seen through this nonsense. Why can’t anyone in the Manassas City Government see the problem? There may be legitimate reasons to revisit occupancy requirements, but it’s a huge step into Big Brother Land to start twiddling the dials on the degree of consangunity that constitutes a “family.” If my best friend fell on hard times and needed a home for himself and his 21 dependent relatives (this is a hypothetical), I’d like to be able to oblige him without interference from the Government. I’ll concede that they have the right to enforce occupancy limitations, but they have no right to second-guess my moral decision to take otherwise law-abiding people in, regardless of their relation to me or to each other.

    This is another example of how the immigration issue clouds men’s minds and makes them behave badly.

  11. James Atticus Bowden Avatar
    James Atticus Bowden

    NoVa Scout: It’s interesting how Cons and Libs can agree on this. The ILLEGAL immigration issue, homosexuality, cohabitation, etc are completely separate and should be kept distinctly different. If there is problem with illegal OVER occupancy then deal with that. Otherwise, just protect and serve under the rule of law – City of Manassas.

    The voters can fix this.

    I hesitate to mention this personal item, but will in passing. Last Jan my wife and I took in one of our daughter’s peers who is an orphan, They live with us and will until she gets back on her feet. And she is doing great – thank you, Lord Jesus – in an Operating Room Tech program and won a scholarship to pay the $8k tuition. We expect she will live with us another year. If our local government or homeowners association (not gated but covenanted community) and said something, I would invite them to visit Hades post haste.

  12. James Atticus Bowden Avatar
    James Atticus Bowden

    oops. Last para. …orphan, unmarried and has a two year old daughter.

  13. NOVA Scout Avatar

    JAB – I hope that Liberals would agree with us, but I haven’t seen any comments from them yet.

    the prevailing ideology in the comments thus far appears to be fairness, decency, and telling thegovernment to stick to its knitting

  14. El Moderado Avatar
    El Moderado

    This story just went worldwide.

    CNN did a feature on “The Situation Room” (4:23 PM, est).

    They specifically mentioned immigrants of Hispanic descent as being the folks most affected by the change.

  15. Waldo Jaquith Avatar
    Waldo Jaquith

    I hope that Liberals would agree with us, but I haven’t seen any comments from them yet.

    Hey, it’s a conservative website — we don’t read it as often as liberal sites. 🙂

    I can’t speak for anybody else, but hell yeah this law stinks. I think that the discrimination aspect is very real, but more fundamental than that is that it’s facially ludicrous. I appreciate the very real problems that Manassas is trying to deal with here, but their solution is a huge overreach.

  16. Anonymous Avatar

    This does seem to an overreach on Mannassas’ part. I would think that by using the existing laws or tweaking them a bit, they could go after the worst of the offenders (those living 10-20 to a house) that they could put a serious dent in the problem of people flouting local zoning and health regulations. Best case scenario- this brings more attention to the serious problem of illegal immigrants ignoring local laws.

  17. “Kent Willis, executive director of the American Civil Liberties Union of Virginia, said the new rule is “constitutionally questionable” and pointed to a 1977 Supreme Court ruling that struck down a similar law defining family passed by the city of East Cleveland, Ohio.

    Even so, other municipalities have passed similar ordinances or are considering them.”

    It seems to me that when the government tries to sidestep or ignore the law, we’ve gat areal problem.

    This stinks to high heaven and I hope Mayor Waldron winds up personally apologizing to the Chavez family.

    Sure, when a place is clearly overcrowded, or when there re other violations occurring, those issues should be dealt with, but this, this really stinks.

  18. Faced with efficient use of housing resources, the city evicts them.
    Manassas is a contender for the DirtyRottenLemon™ Anti-Environmentalism award, for showing once again that “sustainability, environmentalism, conservation, and ecology” are fine buzzwords so long as they are convenient or serve to preserve ruling social norms.

  19. Last snarky comment (probably) from me, but more true and heartfelt than before:

    It couldn’t happen to a more deserving bunch of people. Now the folks of Manassas know exactly how Valley residents feel. Overwhelmed.

    Overwhelmed by an onslaught of immigration that’s “eroding the strong spirit” of the Shenandoah Valley, leaving us all with the ‘general feeling of unease that somehow, the county is not ours anymore.’

    [No, it’s not charitable; not even moral. But it’s a genuine feeling, and there are more similarities than differences between Latino immigration into the US, and NOVA out-migration into rural Virginia.]

  20. Behind the smoke-n-mirrors, there are legitimate problems of litter, lack of street parking, emergency services, and school costs that Manassas must deal with.

    Littering is a criminal offense, seldom enforced for social reasons. The tools to cut litter are in place; Manassas needs to use them.

    Street parking is a valid civic concern. Inaction by the city suggests they know the real cause: more vehicles per household than ever before, especially among the existing middle-class, white residents.

    Blaming immigrants, who own far less cars per person, for crowded parking is a convenient and politically safe method to avoid an unpleasant look in the mirror. Residential street-parking regulation is an established, perfectly legal method to allot space fairly.

    Emergency services funding and staffing vary among jurisdictions. With a few exceptions there are many ways to balance loads and resources. District taxes, contribution-exempted service fees, volunteer credit, and commercial services are a start. Emergency service challenges aren’t cut-and-dried, but they’re solvable.

    School load and funding problems are difficult, largely due to state and federal mandates. Balancing that is the compensation based on total students and achievements, but that alone won’t fix the problems. I don’t have blog-worthy instant school fixes, but innovative thinking like dedicated ESL facilities and neighborhood recruiting could reduce, almost eliminate, some of that problem.

    At the core of public services is the revenue needed. The garage barbershop is an example of failing to protect public health….and missed tax revenue. By steering the haircutter to become licensed, the city protects its citizens and more fairly distributes the tax load.

    Manassas would be better served to close its ‘Overcrowding Hotline’ and use it for licensing and small business information, with se habla espanol. It might brand me as racist, but Hispanics are tremendous entrepreneurs; and integrating them into the society will pay –literally and figuratively– enormous dividends.

  21. What this ordinance (and others like it) reveal is that the “real” issue is that which subpatre frankly acknowledges … concern/fear about the increasing diversity of Virginia, particularly the increasing presence and visibility of those who are seen as being “not like us” however that is defined.

    The disparate enforcement of the ordinance against Latinos regardless of citizenship status (prompted largely by “citizen” complaints made only against the “others”) also peels the mask off those who claim that they are not against lawful immigration or immigrants who comply with the law … that all they care about is the rule of law.

    The fact is that the anti-immigrant rhetoric breeds suspicion of people of color (citizen and non-citizen alike) and fuels the unreasoned fear of people not like us that carries over into everyday interactions at work, in law enforcment, and in our neighborhoods.

    And, JAB and NOVA Scout, I hope that we can agree that the right to be let alone is common ground for liberals and true conservatives who don’t want the government to tell us what we can do in the privacy of our own homes or with our own bodies.

  22. Well said, to all. And while we are at it we might as well admit that we just don’t like change, of any size or color. As subpatre points out“sustainability, environmentalism, conservation, and ecology” are fine buzzwords and frequently used not to promote environmentalism, but to prevent change.

  23. James Atticus Bowden Avatar
    James Atticus Bowden

    CG2: Adhering to the rule of law and just enforcing the ordinances as they are is one thing.

    This: “common ground for liberals and true conservatives who don’t want the government to tell us what we can do in the privacy of our own homes or with our own bodies” is Liberal and Libertarian tripe. You can’t commit rape, incest, or bestiality in the privacy of your own homes and you shouldn’t advocate that. Likewise you can’t go naked in public, get drunk and drive, roam the streets drunk, have sex in public and you shouldn’t advocate that.

    Government provides the rules for social behavior in heterogeneous, diverse, pluralistic society ruled by law, not relgious leader, clan chief, taboo, king, secret police serving dictator, etc.

    This issue in Manassas is about Manassas city government making a faux pas, not about a bunch of other social issues.

  24. James Atticus Bowden said… “This issue in Manassas is about Manassas city government making a faux pas, not about a bunch of other social issues.

    I beg to differ, faux pas are mistakes; this is deliberate policy seriously considered by other jurisdictions.

    WaPo:…attempts by municipalities … to deal with problems they associate with immigrants…” or “It looks as though that issue is a direct result of illegal immigration.

    It’s clear there are problems in Manassas; and equally clear little’s been done about the real problems. It’s politically easier to assign the fault to immigrants, but like all ‘root cause’ legislation, it will fail.

    Overall, there’s been no attempt to incorporate legal immigrants into the society, and little if any attempt to shun illegal immigration. Immigration is also a local issue, and both must be tried.

    Local governments need to re-think their business licensing and tax models, from a prohibitive character toward a cultivation nature; recruit immigrants into programs like ESL classes.

    On the flip side, rather than persecute legal immigrants in their homes, work to discourage illegals –who can’t contribute to society or revenue– from using taxpayed services. There’s no similarity between people who obey the law and those who live outside it, even if my eye and prejudice can’t see any difference.

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