Texas couple sues city over balcony with ties to the Ku Klux Klan

A couple in central Texas is suing the city of San Marcos over a metal balcony that has ties to the Ku Klux Klan saying it 'doesn't represent their family values.'

Their home was once owned by former mayor Frank Zimmerman who had a local theater known for hosting a KKK Day in the 1920s, and he installed his initial 'Z' on metal decor which sits on top of the balcony.

Kristy Money and her husband Rolf Straubhaar said they didn't know about the history before buying their home in Burleson Historic District.

'We felt a bit heartbroken. We wanted to do our best to, to be a force for good, teach our kids anti-racism values. We weren't going to ignore it,' Money said.

Because of the area that they live, Money had to apply to get permission from the city's Historic Preservation Commission to take down the 'Z.'

Money and her husband Straubhaar said they didn't know about the history before buying their home in Burleson Historic District and they wanted to 'teach our kids anti-racism values'

Central Texas couple Kristy Money and her husband Rolf Straubhaar are suing the city of San Marcos over a metal balcony that has ties to the Ku Klux Klan

Frank Zimmerman who owned a local theater known for hosting a KKK Day in the 1920s installed a letter Z on a metal decor which sits on top of the balcony

The commission unanimously denied the request at a meeting on May 4 calling the lettering a 'character defining element of the house,' according to KSNT.

'That's the whole point of being in a historic district, you know, to kind of like respect the past,' said one commission member.

Money said she felt like a 'guest' in her own home and retained Chance Weldon, Director of Litigation at the Texas Public Policy Foundation, as legal counsel on the matter. 

The lawsuit challenges the local ordinance - which allows the commission to decide what a homeowner in the historic district can and can't do with their property.

'We believe that both under the United States Constitution and the Texas Constitution when you regulate someone's property, it has to be based in nuisance or harm, or something that actually falls within the general powers of government,' Weldon said.

Their home was once owned by former mayor Frank Zimmerman who had a local theater known for hosting a KKK Day in the 1920s (pictured: an advert for Zimmerman's Palace Theater and the KuKluxKlan Day. The poster boasts 'hundreds of scenes of Klan activities – in connection with big regular picture program')

The lawsuit challenges the local ordinance - which allows the commission to decide what a homeowner in the historic district can and can't do with their property

The city will have to file a response within the next month or so according to Weldon and If they don't reach an agreement, then a court will decide.

The City of San Marcos told the outlet it 'could not provide a statement on ongoing litigation.' 

Money said she wants to be able to do what her family thinks is best for their 'forever home.'