Bensenville Makes a Wise Decision

At the September 8th Bensenville City Council meeting the City Council repealed the onerous Home Improvement Ordinance. Bensenville homeowners no longer have to sign away their Fourth Amendment rights as part of an ill fated "Home Improvement" ordinance. The ordinance dangled a very attractive loan to homeowners but had a heck of a requirement: you have to sign off your right to refuse the city inspectors access to your home.

The Fourth Amendment protects homeowners from unwarranted searches. It is our position that you just can't buy that basic constitutional right. While the previous city administration ignored the Realtors call to defeat this ordinance the new administration listened to our arguments and found them persuasive. During the campaign Realtors brought this issue up and asked for the repeal.

While most people understand search and seizure when it comes to police work, most people forget that municipal inspectors are a government police force, they just enforce a code book.

While I researched a little of the history of the government searches I found out that this exact issue was one of the visceral and vital issues to our founding fathers. Every wonder why we have a Fourth Amendment in our bill of rights?

Before the American Revolution the British would use a writ of assistance to search the home of colonists for a variety of reasons. Often the purpose was to discover seditious materials or prohibited or uncustomed goods. These writs were general warrants, in other words they could search everything and seize everything. In 1760 King George II died, and all writs signed by the crown would expire six months after his death.

A group of 50 Boston merchants petitioned the courts to hear their case against general warrants and writs of assistance. Lead by James Otis, the group protested that the law should protect men in their own homes and businesses. Future President John Adams was in that courtroom and heard the men argue their case and he was impressed. In fact, Adams later commented that the American Revolution was sparked that afternoon in that courtroom as those 50 men pleaded to be secure in their homes and private businesses.

Otis lost.

More importantly, Otis was soon elected to the Massachusetts General Assembly where he helped pass legislation requiring warrants and writs to be issued "with cause" by a justice, judge, or justice of the peace." The law passed. However, the colonial governor voided the law as in violation of English common law.

So important was this issue to colonists, it was included in the Virginia Declaration of the Rights of Man, a precursor to the Declaration of Independence and the Bill of Rights. Each of us has a constitutionally protected right to be secure in our homes and Realtors take this right as sacred.

Each home buyer holds a bundle of rights, rights that have been fought for and defended for many years. Realtors are proud to stand with property owners and help them defend their rights against government intrusion. For the homeowners of Bensenville, Realtors will continue to work with the city. Offering our analysis, our experience, and our talents to the civic dialogue with the aim of preserving our freedom.