Carrying the Past Forward: Segregation, Housing Justice, and Black Families

I called a meeting of the residents at the church. I read in pertinent parts: “[I]t is resolved by the city council of the City of North Las Vegas, . . . the suspension of issuance of permits and applications. No building, electrical, or plumbing permit shall be issued for the construction of any new building or any addition to an existing building, nor shall application for rezoning, reclassification, or change of use be accepted in the Windsor Park Subdivision Revitalization Project.” The ordinance effectively halted any progress for the Windsor Park families. Inside the Greater Faith Baptist Church, nestled on the hilltop of Windsor Park, a hush fell over the room. The prevailing emotions were astonishment and a sense of betrayal because they didn’t know about the ordinance.

I felt a sense of indignation for the families and started to research more historical records to grapple with the issue. The exhaustive research involved state water records, legislative history, and historical city council minutes to understand the extent of the damage to these homes and what exactly happened to them. From the research, it became clear that historical documents and meeting minutes revealed appalling living conditions and damage caused by subsidence.

The records from 1990 highlighted a longstanding pattern of neglect and mistreatment of Black families, which only became fully apparent 25 years after the neighborhood was established. The testimonies documented in these records painted a vivid picture in my mind. In 1990, a resident described cracks in the walls and leaking gas lines in his home. Three years later, a prominent project manager for Windsor Park described how the foundations and walls of homes and streets were cracking and how home insurance for Windsor Park homes was arbitrarily canceled from 1988 to 1993. Another resident stated that “she was unable to lock her door due to the earth shifting,” and yet another “reported that her house was still shifting and that her water main broke.” This testimony served as a stark reminder of the gravity of the situation.

More research illustrated why Windsor Park homes were shifting. Historical water records showed that groundwater had been removed for over 26 years, exacerbating the fissures and fault lines on which Windsor Park was built. A 2001 report stated, “Werle, Linnert, and others (1994) discussed the results of investigations into earth fissures, including trenching studies, in the Windsor Park area of North Las Vegas.” The report further added that “within the Windsor Park area, extensive formation of earth fissures had damaged several homes, leading to their abandonment, demolition, and removal.” It was noted that adverse soil conditions can be found throughout the Las Vegas Valley. However, the conditions encountered at Windsor Park were such that “nearly all” adverse soils, expansive clays, hydro-collapsible and gypsiferous soils were found to be at critical levels. Two years later, in a legislative hearing, a recording notes that “engineers were not utilized at the time the Windsor Park development was built, and that the homes were built with HUD [U.S. Department of Housing and Urban Development] funds.” Moreover, the continued development of Windsor Park took place a year after the city adopted the 1954 Federal Housing Act Section 701 in 1966, which mandated a study on the living conditions of families in poor housing, addressing blight, and preventing future blight. The evidentiary findings in the hearings were jarring because it appeared that the government knew why and how it happened, but no one accepted the blame.

I wanted to determine if a legal argument could be made that these families’ civil rights were violated due to the arbitrary cancellation of their home insurance and what seemed to be fair housing violations based on historical legal records. I sought to humanize the issue. During my research, I came across the story of Prentice Walker, a Black serviceman who had scouted out the land of Windsor Park. He found the developer and envisioned building 241 homes for Black families during a time of segregation. I discovered that Walker, a preacher and military serviceman, had a similar hope to develop a community like in Allensworth, California, where “its founder, a former slave, a navy lieutenant colonel, an educator, a pastor, and a community leader, Lt. Col. Allen Allensworth had the vision to create a town for Black residents.” Walker had the same vision. He didn’t know that 24 years later, this dream of generational wealth would be shattered due to permitting housing development on fault lines and fissures.

The task of telling a complex and intricate story of failures was difficult. I had to prove the initial remedy didn’t work and explain why 93 families still lived in this neighborhood under the illustrated conditions. I began to look for more records on why they stayed and didn’t move with the other 45 residents who relocated to new homes built with HUD funds in 1993 and 1994.

The historical city council minutes produced a few accounts: “Mrs. Hattie Canty . . . of Windsor Park complained how the Hamptons home was situated on the lot, with the front door facing the side of the neighboring home.” She was rebuffed and told that if the house was rotated, it would not meet the setback requirements. Next, Wilma Fickland “felt the way the home was designed was unacceptable.” As the relocation and construction of new homes were unfolding, Ruby Hampton of 1608 June Street, Windsor Park, stated she was unable to contact Dasco, the assigned developer, to fix her home. She stated that “the ceiling, the squeaking floor, the paint in the bathtub, and the quality of water was a problem.” These recounted stories and missteps kept other families from moving. The residents started to distrust the process, so they remained.

I had entered a dangerous situation. I was trying to revive a 21-year-old issue that was purposely forgotten, along with political forces that did not want it revived. The 21 years of my elders standing their ground and waiting for justice turned into a siren call when the residents sounded the alarm that a big developer was trying to force them out, raising the issue of inverse condemnation. I placed on my “legislative cape of heroism” and stepped in, and we fought together against a large developer who was supported by the city.

The original residents began to question the city once more about science and the soil story, as they had been told the land couldn’t be built on for 30 years.

In an effort to fight with evidence, I searched for any documents about the change in the land’s status. I stumbled on an environmental assessment of Windsor Park conducted in 2018 but published in 2019. The report revealed the city’s plan to replace 13 acres of Windsor Park for a bargain price of $1.1 million. The city was bound to a 1967 rule under the National Park Service, which provided a Land and Water Conservation Fund grant to the Nevada Division of State Parks. The grant stated that if you convert or take away from a federal land grant, you must replace the park acreage converted to another area and that these activities require compliance with the National Environmental Policy Act of 1969.

I reported this to the elders of Windsor Park and called an emergency meeting to deliver copies of the report. The residents were shocked and unaware of any new geological investigation after 2014. The new study stated the ground had stabilized and could handle the development of park and concrete bathroom structures. The revelation of this covert plan left them feeling perplexed, especially because they had been requesting for 15 years to transform the vacant parcels into park space to restore the neighborhood’s appearance, but the city had consistently denied their requests. They questioned how the city could construct a barbecue pit and a concrete standing bathroom while neglecting the deteriorating carports, porches, and walls. Driven by anger, the residents planned to protest at the city council meeting against the developer. However, we lost because there were too many forces against us.

In 2021, following Pastor Bill Miller’s passing during the COVID-19 crisis, I introduced Nevada legislation to secure a final resolution for the original families of Windsor Park. Together with my legislative colleagues, we successfully secured $37 million to relocate 93 families. The action marked one of the most difficult and courageous battles of my career. Despite the challenges, I persevered, promising the Windsor Park families that I would see them reclaim the American dream for their children and grandchildren.