WDEL reports on Eliminating Illegal Restrictive Covenants & ID data
Published on March 05, 2025
For the record: addressing discriminatory, outdated terms in public documents
WDEL News Reporter/Anchor
The public is being invited to join an effort to address discriminatory language in old public records.
At issue are what were known as "restrictive covenants," which have long been illegal and unenforceable. Terminology now recognized as discriminatory or racist can still turn up in documents that are easily accessible by the public. Kent County Recorder of Deeds Eugenia Thornton is inviting Delawareans to play the role of "history detective."
"We're talking about primarily in Delaware, it's going to be primarily Black people. But, it can also be Italian people or Irish people. It can be Catholic, it can be Hebrew people, or disabled people or employed people or unemployed people," Thornton said.
Thornton has made a form available for people who are interested in reporting possibly offensive material in public-facing documents that are generally available online. After a review by the county attorney, such material may be redacted. However, archived deeds and "for official use only" copies would not be altered.
How big of a job is it?
"In my office, we've got six-million recorded pages," Thornton said.
Since the effort was announced, the Council on American-Islamic Relations (CAIR) released a statement of support and is urging other counties to follow suit.
Thornton said she is following state law, adding that this is not tampering with history.
Also, because she has been recruiting volunteers, "it doesn't cost anything to come into compliance."
In addition, some recorded documents may contain personal information such as driver's license, passport numbers, taxpayer ID, alien registration numbers, etc. Delaware Law allows us to redact and strike these types of personal information as well, according to the Kent County Recorder of Deeds.