Racially restrictive covenants, once common in America, have not been enforceable for more than seventy years following the United States Supreme Court’s decision in Shelley v. Kraemer. However, many deeds in Ohio still have racially restrictive covenants in their record, serving as a reminder of an ugly and discriminatory practice. There is a growing number of people in Ohio and the United States arguing for an ability to redact these covenants. Some have pursued this through litigation, and some have proposed legislation to achieve the same end, but neither strategy has been successful in Ohio. Several other states have successfully enacted legislation similar to that proposed in Ohio.

This comment explores the arguments for and against an ability to amend the record in situations where such racially restrictive covenants are still visible. While legislation allowing owners and occupiers of land to redact these covenants might have value in alleviating some of the negative emotional impact on traditionally oppressed groups, such legislation would do little to address the modern causes of housing discrimination that persist decades after restrictive covenants became unenforceable. There is also a risk of erasing an important, albeit shameful part of history if records are allowed to be scrubbed in this way.