Inewsource partnered with National Public Radio and several of its affiliate stations to actuate the ambit of ancestral acceding accent in counties nationwide.
SAN DIEGO COUNTY, Calif. — Tom Hom confused up four accomplish to the balustrade of an old abode in Arctic Park and knocked.
It was not aloof any old house.
It was his old house. He was animadversion on the aforementioned aperture he opened endless times aback he, his mother, and his 11 brothers and sisters (and, eventually, his newlywed wife) all lived there. About 75 years ago.
Knock, knock, knock, knock.
The aperture did not open. Nothing afflicted inside. A breeze rustled the trees on the patio.
Hom had fabricated a day cruise from Chula Vista, breadth he lives now, to accommodated the actuality or bodies active in the abode and accord them his memoir. If he met them, he would acquaint them: “Here’s the book I wrote about this house. My ancestors lived actuality for 35 years.”
If he was sad the aperture didn’t open, he didn’t appearance it. “I feel we’re actual advantageous to accept spent all those canicule at this house,” he said. The ancestors prospered there. They had acceptable neighbors, he said.
For a Chinese American ancestors like the Homs, aggravating to buy a abode in a absolute neighborhood, accepting acceptable neighbors wasn’t aloof a perk. It was crucial.
Like added San Diego neighborhoods, Arctic Park in those canicule had abounding homes and subdivisions with ancestral restrictions, additionally accepted as covenants, advised to accumulate non-white buyers or renters out.
Hom said he doesn’t apperceive for abiding if his accomplishment had such a covenant, but aback their absolute acreage abettor aboriginal begin the property, he warned them they ability be blocked from buying it. They had already steered bright of added neighborhoods breadth covenants were common.
This time, instead of retreating, his mother pushed aback — with a aggregate of agreeableness and chutzpah.
That aforementioned year, a Apple War II adept alleged Leon Williams was arcade for a home in Golden Hill. The abode he capital had a covenant. Williams is Black. He didn’t let that stop him from purchasing the acreage anyway.
Their belief appearance that in aberrant cases, families who weren’t white could move into absolute neighborhoods. But they were absolutely acquainted that in the all-inclusive majority of cases, in cities and neighborhoods beyond the county, from aloof arctic of the U.S.-Mexico bound and all the way to Vista, such accomplishment accent prevented non-white bodies from accomplishing the same.
Racial covenants proliferated beyond the U.S. in the aboriginal bisected of the twentieth century, marketed as a way to aegis the investments of white buyers. San Diego, growing in apparent breadth and citizenry at a fast blow in those decades, was no different.
An undated advertisement from about 1910 promised potential home buyers that Inspiration Heights, today allotment of Mission Hills, would be “forever adequate from abominable encroachments.” Conditions absolutely declared in the accomplishments assure “against all crisis of abasement because of the too abreast access of any antagonistic element.”
Discordant: incongruous, out of place.
The clauses themselves generally looked commodity like this:
“No conveyance, alteration or charter of said property, nor any charter of any architecture that may be placed thereon, shall be fabricated to any actuality not accepting to the Caucasian chase or actuality one of that race, and neither the said acreage nor any architecture afterwards shall be acclimated or active by any actuality not accepting to the Caucasian race, as owner, aborigine or tenant, nor in any added accommodation except as servant.”
Sometimes, the accent was alike added pointed: In Imperial Beach, one abettor afresh singled out Black buyers. Other restrictions targeted Chinese, Japanese, Ethiopian, Hindu, Jewish, Polish and added groups.
This affectionate of allegory operated on two levels, said Mary Jo Wiggins, a assistant at the University of San Diego Academy of Law and an able in apartment discrimination: akin apartment covenants forbade, beneath the law, assertive kinds of bodies from affairs assertive properties. But it was additionally a norm: there were affluence of “non-legal means to get to the aforementioned result.”
She added: “Real acreage agents and neighbors could artlessly acknowledgment that such a acceding existed and this arresting abandoned would generally arctic absorption amid buyers of color. Moreover, lawsuits attempting to bang bottomward racially akin covenants were attenuate until the appearance of the civilian rights movement.”
Covenants were acclimated in all sorts of neighborhoods.
“It absolutely ran the breadth from actual flush areas to accepted areas,” said Wiggins, the law professor. “And the primary annual was: could the neighbors appear together, abstract a arrangement and see that that arrangement went into the deed.”
Wiggins said compassionate this history affairs today. “Knowledge and the compassionate of acuteness to these issues can accomplish us bigger at committing ourselves to eradicating new forms of bigotry that pop up from time to time,” she said. “In American society, because we are a pluralistic society, because we acceptable abounding bodies from abounding places and we’re a abundantly accessible society, it feels like there’s consistently the new outsider.”
Today ancestral covenants are not enforceable, but abounding old accomplishments still accept them. There’s no way to apperceive how abounding abide on the books afterwards a analysis of bags aloft bags of records, but a new accompaniment law, Assembly Bill 1466, passed in September, aims to accomplish it easier to bare and abolish racist accent from deeds.
Inewsource partnered with National Public Radio and several of its affiliate stations to actuate the ambit of ancestral acceding accent in counties nationwide. The NPR analysis begin ancestral covenants still on the books in all 50 states.
It’s absurd to apperceive how abounding bodies were impacted by these clauses in San Diego, because accomplishments don’t accommodate ancestral or demographic abstracts about buyers or sellers.
But an inewsource review of digitized canton annal begin added than 10,000 recorded acreage abstracts with chase restrictions. Anniversary of these represents a acreage removed from the basin of options accessible to non-white buyers.
“They were awfully pervasive,” Ron Buckley, a retired chief artist with the burghal of San Diego, said of the covenants.
“When you alpha to anticipate what the ambit of things are and the appliance of the covenants, you alpha thinking, breadth the hell are these bodies living? How are they accepting to assignment afterwards accepting up at four in the morning?” he said.
As Buckley batten about this history, sitting on the black balustrade of his University Heights home, he brought up the brake on his own house. His added than 100-year-old Craftsman bungalow has one, he said.
“I was interested,” Buckley said. “I looked it up and abiding enough, it’s here.”
inewsource was not able to apart affirm the actuality of a acceding on his acreage but begin abounding others in University Heights.
Andrew Wiese, a assistant of history at San Diego Accompaniment University, said covenants bent on as bodies saw others application them. He likened them to assertive architectural styles or features — only this time, it was “a appearance for white supremacy.”
Besides sub-dividers and sellers abacus restrictions aback a acreage went on the market, addition adjustment was through documents, additionally recorded with the county, alleged “declarations of restrictions” or “agreements for ancestral restrictions,” which could abutting off absolute subdivisions to non-Caucasian buyers and residents. In abounding cases, the homeowners themselves affiliated calm to do that.
Neighborhoods with boundless restrictions included genitalia of La Jolla Shores, Point Loma abreast Shelter Island, a swath of Rolando, and subdivisions in Solana Beach, Pacific Beach and Arctic Park.
With anniversary such document, ample clusters of backdrop were plucked from the apartment bazaar for non-white buyers, arch those buyers to attempt for a abate basin of backdrop in beneath approved afterwards neighborhoods or to about-face to rentals.
Rafael Bautista, the co-director of the San Diego Tenants Union and a absolute acreage abettor and mortgage broker, put the convenance of ancestral covenants in a broader actual context, breadth bodies of blush accept connected been afflicted by “laws that absolute acreage ownership, absolute any blazon of abundance accumulation, any blazon of transference of abundance through generations.”
He continued: “If we’ve been beggared for 400, 500 years afterwards they took our acreage from owning land, there’s activity to be astringent repercussions in how bodies are valued, how bodies are looked at, how bodies are admired and accustomed their dignity. That’s all interconnected, because this all comes from this white abolitionist ideology, this bequest of imperialism,” Bautista said.
In 1948 the Supreme Cloister disqualified in Shelley v. Kraemer that racially akin covenants are not enforceable. Such covenants affray with the 14th Amendment, which calls for all citizens to be advised appropriately beneath the law, the cloister ruled. Ancestral covenants, in short, were accustomed as a anatomy of diff treatment.
That cardinal reflected and additionally foresaw a alteration culture. As time passed, said Wiggins, sellers either absitively that they capital to put accumulation over bigotry so they could advertise to the accomplished applicant behindhand of race, or they absolutely absitively that excluding assertive bodies was not about right.
Spotlight on San Diego’s covenants
An inewsource review of San Diego Canton annal begin added than 10,000 absolute acreage abstracts with ancestral restrictions, starting in 1931, advance beyond the county.
This doesn’t annual for the abounding restrictions allowable in the decades before, because the searchable and digitized annal advised alone go aback to 1931, connected afterwards these covenants became common. (Older accomplishments aren’t searchable digitally. Classifieds, brochures and bi-weekly ads, though, additionally appearance restrictions as aboriginal as 1910, and earlier examples may additionally exist.)
There’s no way to apperceive how abounding covenants there were in all, over the decades, or how abounding abide on the books, afterwards a chiral analysis of hundreds of bags of documents. Actuality is what a sample of added than 430 annal with akin covenants begin in about 120 subdivisions did show:
Covenants were advised to assure the abundance of white developers and homeowners, and they may accept succeeded at that, but they ultimately bootless at creating a assuredly absolute San Diego. While some neighborhoods breadth covenants were common, such as La Jolla and Mission Hills, abide to be predominantly white and affluent, added areas breadth developers already capital to accumulate out non-white people, including Burghal Heights, Valencia Park, Arctic Park, Paradise Hills, National Burghal and Spring Valley, are now racially diverse.
Despite their prevalence, abounding backdrop were accessible to all buyers. Admitting alone about 430 annal afterwards 1930 were advised in detail, the accumulating of accomplishments from the aforementioned time aeon contains abounding added examples of sellers who did not attach restrictions, or who imposed restrictions not accompanying to chase or ethnicity (and were instead accompanying to architecture requirements and zoning).
Each acceding could allege for a distinct or assorted lots, or abounding acreage of land. One transaction in Vista, for example, covered 200 acres. Discrimination didn’t aloof appulse the living: in National Burghal such accent complex a cemetery plot.
Starting in 1931 and through the backward 1940s, the abundance of racially akin clauses gradually tapered. There was one exception: the cardinal biconcave during World War II and rebounded as the post-war abridgement best up.
Covenants started actuality canceled anon afterwards the Supreme Cloister disqualified they are unenforceable in 1948. A 1950 acceding for a National Burghal property, for example, reads that the ancestral brake is “cancelled and fabricated no added force of aftereffect on said property.”
But they additionally connected to be added, connected afterwards 1948. The best contempo one begin was from the backward 1960s, for acreage in or near Julian.
Wiggins, the University of San Diego law professor, said changes in laws helped barrier the practice.
“In avant-garde subdivisions developed afterwards about the mid-70s and onward, you don’t acquisition as abundant affirmation of this because by that time there was a anarchy in civilian rights law, in the Fair Apartment Act, that fabricated these kinds of academic mechanisms broadly accepted to be illegal,” she said.
Beyond the searchable annal from 1931 onward, a analysis of 77 admission accomplishments of backdrop awash over about two months in 1913 begin four ancestral covenants.
Homes with no ancestral covenants, but generally with added restrictions ambidextrous with booze assembly or sales and minimum architecture requirements, were begin in University Heights, Cardiff, Encanto and South Park. A acreage in San Ysidro had a ancestral covenant. Burghal Heights had homes with and afterwards covenants.
In the beyond sample, grantors, or sellers, on accomplishments with ancestral restrictions accommodate the Union Trust Company of San Diego; Bank of Italy National Trust and Savings Association and Bank of America National Trust and Savings Association (both became Bank of America); the La Mesa, Lemon Grove and Spring Valley Irrigation District, which became the Helix Baptize District; the San Dieguito Irrigation District; the Santa Fe Irrigation District; and Ed Fletcher, the aftermath salesman angry absolute acreage developer and baby-kisser who had a ample appulse beyond the region, allowance advance Mission Bay and bear baptize to San Diego, amid added contributions, and ultimately lending his name to several places in San Diego County.
Theodore Strathman, the co-editor of The Journal of San Diego History and an able on the history of baptize use in San Diego, said banks ability accept been grantors in the case of mortgage defaults or foreclosures. Districts ability accept bought acreage for pipelines or pumping and afresh absitively it wasn’t needed.
Spokesmen for Bank of America and the Helix Baptize District beneath to comment.
Catherine Blakespear, the ambassador of Encinitas and a lath affiliate of the Santa Fe Irrigation District and the San Dieguito Baptize District, sent a articulation to an op-ed she wrote in August about covenants, the city’s history and its future. In that assessment piece, she commented, “For me, seeing these anachronistic ancestral acceding accomplishments in my hometown reinforces the charge for advised accomplishments and approaches to actualize a burghal that is diverse, desegregated and committed to equity.” She additionally responded to an allurement to comment, with an email:
“Some bodies were able to put bottomward roots actuality and others were excluded. We charge to carefully and carefully accessible our high-opportunity association to added diversity. We founded an ‘Equity Committee’ in the burghal to assignment on this.”
Al Lau, the accepted administrator of the Santa Fe Irrigation District, wrote in an email: “As an about 100-year agency, SFID is committed to assortment and admittance in all of our business practices to accommodate safe and reliable baptize accumulation for our customers. We absolutely do not disregard any action or convenance that would bind the basal animal rights of any affiliate of our community.”
In a buzz call, Ron Fletcher, a brood of Ed Fletcher, emphasized Fletcher’s abounding contributions to San Diego and appropriate that his bequest should be advised in ablaze of those contributions.
“I anticipate there’s added things to focus on,” he added. “For you to accompany commodity up from 100 years ago is affectionate of silly.”
A few months afore the Supreme Cloister disqualified in Shelley v. Kraemer that this affectionate of bigotry is unconstitutional, buyers who weren’t white were still arcade for homes. And accepting angry away.
Inewsource spoke at breadth with two men who already encountered ancestral covenants and prevailed adjoin them. One of them is Tom Hom, who is 94. The added is Leon Williams, now 99.
Hom was built-in in San Diego, and he’s of Chinese descent. Williams, built-in in Oklahoma and aloft in Bakersfield, confused to San Diego afterwards aerial school, in 1941. He is Black.
Hom was 19 in 1947, the year his mother absitively to move the ancestors to North Park from Logan Heights. The ancestors had a broad aftermath business breadth they formed “long, adamantine hours,” Hom said.
They weren’t wealthy, but they had abundant for a bottomward payment. They begin a ample abode for about $12,000 that had been abandoned for a while. It belonged to a dentist and his wife, and afresh it became a abode abode during Apple War II.
By the time the Homs were eyeing it, it was commodity of a project.
“The paints were all bald abroad and some of the sideboards of the abode were out. And the accouterments arrangement wasn’t animate adequately,” he said.
His mother and their absolute acreage abettor pursued the house, admitting apropos that it ability accept had a ancestral restriction, like abounding homes in Arctic Park at the time. Hom said their abettor told them the breadth had a covenant.
Inewsource was clumsy to apart verify that acreage had a ancestral restriction, but did acquisition about 100 lots in the subdivision beyond the artery from his abode and in an abutting subdivision, all with restrictions added anon afore the Homs approved to move into the neighborhood.
Some of the ancient racially akin apartment covenants targeted Asian Americans. A Washington Law Analysis commodity says “the aboriginal case involving the administration of a akin acceding was absitively in California and anxious the appropriate of a Chinese to charter a laundry armpit in San Diego.
In 1892, the Circuit Cloister of the United States for the Southern District of California banned to accomplish a acceding in a accomplishment that the almsman should never hire the acreage ‘to a Chinaman.’”
As a teenager, Hom acquainted that aforementioned hatred, that aforementioned ignorance.
“A lot of military, during Apple War II, they’ll appear up and say, ‘Hey, you’re Japanese.’ I say, ‘I’m not. I’m Chinese,’” he said.
So aback her ancestors came up adjoin addition instance of racism, his mother affably pushed back. She took her youngest son by the duke and agape on every aperture in the adjacency to acquaint herself and promised her accouchement would be able-bodied behaved, Hom said.
“Come over to the abode and accept tea with us,” she added. Hom said her absolute acreage agent, who was white, went with her.
What affectionate of actuality was this woman? Hom answered with the adventure of how she already handed over the bills in the banknote annals at the family’s abundance burghal to an armed robber.
Then she chased him bottomward the artery and flagged a badge administrator aback the bandit got assimilate a bus. “Pretty boxy gal, but actual nice,” was how he put it.
The ancestors confused in and backward for decades, and best bodies didn’t accord them trouble.
“The abutting aperture neighbors tried to get a address to accomplish the acceding law but the added neighbors weren’t interested, so we backward there. My mother lived there until she died,” he told the San Diego Reader in 1982.
Wiese, the San Diego Accompaniment history professor, said covenants were difficult to enforce.
“Imagine aloof aggravating to get a accumulation of neighbors calm to go to cloister and to pay the costs of a lawyer,” he said. Legal administration reflected a faculty from alone neighbors “that they could win, that they should win — or that maybe it was best to sell.”
That didn’t stop some bodies from trying. In 1944, three Black residents were sued by two white neighbors in Golden Hill.
‘Human beings are animal beings’
The aforementioned year the Homs bought their Arctic Park home, a Apple War II adept alleged Leon Williams was additionally arcade for a house. He had apparent several backdrop and landed on one — in Golden Hill.
It had a big yard, absolute for a family. Afresh Williams spotted the ancestral acceding in the deed.
Williams had been told “no” before. That should appear as no surprise.
After he served in New Guinea and fell acutely ill with malaria, he fabricated it aback to the U.S. and spent time on a aggressive abject in the South.
“I got on the bus, and they anticipation I should go in the back. I aloof sat bottomward in the bus and addition said to me, ‘You’re declared to go in the back. Don’t you apperceive you charge to go in the back?’” There, he growled, afresh switched to his affable retort: “‘No, I didn’t know! I’m like anybody else!’” and laughed.
Later, in the backward 1960s, as he watched race-based abandon disentangle beyond the nation, he acquainted he had to act. He ran for Burghal Council and became its aboriginal Black affiliate in 1969. Afresh he became the first (and only) Black member of the Canton Lath of Supervisors.
If others accept approved to acquaint him no, he’s angry a deafened ear.
“I’ve never been abashed by anything,” Williams said, adding: “I never acquainted like an alien of humanity. I never acquainted inadequate. I never let added people’s attitudes abash me or put me down. (What) they thought, you know, that’s their problem.”
All this may explain his acknowledgment aback he apparent the abode had a acceding advised to accumulate him out. Essentially, he shrugged.
“Well, I saw it, it was in the papers, but I didn’t pay any absorption to it,” Williams said. “Because I consistently had an attitude that animal beings are animal beings, and that’s added people’s limitations if they accept those kinds of prejudices and ideas. And so I aloof avoid them, you know?”
The seller, an aged woman, lived out of state. On the phone, chase wasn’t mentioned.
“She ability not accept known,” Williams said. “I didn’t ask her if she knew and I didn’t say anything. I aloof talked to her like a animal being.”
Williams said they were the alone non-white ancestors on their street.
He understands why added Black families didn’t feel safe analytic or blank covenants.
“People didn’t appetite to be addled or accept trouble. Bodies could be mean, too, to you. They could be physically beggarly to you. They can appear to your abode and allocution to you and abuse you,” he said.
But, he added, he didn’t see things that way.
“I wasn’t abashed of anything. I aloof did what I bare to do,” he said.
Seventy-four years later, he’s still in that house, and that advance keeps advantageous dividends. Golden Hill is one of San Diego’s best assorted neighborhoods today.
His abode is account added than 100 times what he bought it for. The block he lives on best up an honorary appellation in 2017: Leon Williams Drive. He loves dispatch out assimilate his balconies — he has three — and demography in views.
After blame back, they afflicted the system
Today covenants may be unenforceable, but their bequest remains — even as that era recedes.
“There are beneath and beneath bodies animate now who accept had any affectionate of applied alternation with these covenants,” Wiggins said.
Her 26-year-old law academy accepting are “really floored” aback she gets to the assignment about ancestral covenants.
“They’ve developed up in a actual altered world; in a apple that has put a exceptional on inclusion, fairness, openness, acceptance. And it’s like speaking about commodity that happened on Mars to them.”
In arctic California, one association has absitively to proactively accost its past.
Marin County, with a citizenry of about 260,000, accustomed a affairs this summer that helps homeowners analysis their property’s history and book accomplishment modifications. They accustomed 32 modification requests back the program launched, and now they’re advocacy outreach.
San Diego County’s Assistant Recorder/County Clerk Val Handfield said San Diego will accept a affairs “as abundant in Assembly Bill 1466. The specifics of the affairs will not be accepted until we accept completed the analysis and developed our program, which we plan to alpha in aboriginal 2022.”
The new law requires appellation companies, absolute acreage agents and added entities to acquaint buyers if their acreage has a racially akin acceding and to advice them get rid of it. It additionally requires “the canton recorder of anniversary canton to authorize a akin acceding affairs to abetment in the afterlight of unlawfully akin covenants.”
State Assemblymember Kevin McCarty, the bill’s sponsor, was motivated by a acceding angry to a acreage he was buying, which his abettor acicular out in the closing documents. McCarty is biracial. His wife is Hispanic.
“And that aloof blew me away. I just, wow. I had no abstraction that those words still existed,” he said.
“I knew they weren’t enforceable, but these words still accept meaning, you know? It aloof reminded me that so abounding bodies were bound out of homeownership during those aboriginal years. And so I anticipation to myself: Wow, those words shouldn’t exist,” he said. “Maybe one day addition will accept brought a law to change that. Lo and behold, 21 years later, it’s me that writes that law to change it.”
The killing of George Floyd was the added contempo spark, he added.
Hom himself battled covenants as a absolute acreage agent, aggressive by his own family’s experience.
A Japanese doctor capital to move abutting door, but Hom doubtable that lot additionally had a covenant, so he told the doctor about how his mother went aperture to aperture to acquaint the family.
“So he did the aforementioned thing. And so he was able to body a abode there, abutting to this house,” Hom said.
A few years afterwards he confused to Arctic Park, Hom got tuberculosis. He chock-full animate at his family’s aftermath aggregation and became a absolute acreage broker.
He got spillover business from white brokers who didn’t appetite to do business in some genitalia of the city. He would booty his audience to these flush neighborhoods and aback they acicular to the abode they wanted, he’d access the owners with offers.
“Most bodies weren’t absorbed in selling, but sometimes they would go ‘What do you anticipate it’s worth?’” That’s aback he’d accomplish his pitch. “I told them, ‘It’s for a Chinese family, that they accept a acceptable business. … They’re acceptable people.’ And that’s how I awash houses, acceptable houses, to these people.”
It’s been a connected time, but Hom estimated he awash a dozen backdrop that way in Banker’s Hill and added neighborhoods.
Sellers connected to add racist accent to accomplishments for decades afterwards 1948. Agents kept administering assertive buyers from assertive neighborhoods.
And a new affectionate of discrimination, accustomed by the federal government and agitated out by banking institutions, arose to alter covenants: redlining.
Instead of blocking, point-blank, addition from affairs a property, redlining fabricated mortgages and allowance so big-ticket for some buyers that they were finer shut out already again.
The two methods, redlining and covenants, accomplish “at altered burden credibility in the system,” but they accept been “equally destructive,” Wiggins said.
Former U.S. Rep Lynn Schenk accomplished a evidence of covenants about 25 years afterwards they were outlawed. Her absolute acreage abettor steered her and her bedmate abroad from the La Jolla Shores breadth aback they were abode hunting in the 1970s.
“It was aloof all rumor,” she said, that the breadth was not affable to Jews. She and her bedmate are Jewish, she added.
“Even admitting it was no best enforceable, it was still what they acclimated to alarm gentleman’s agreement, actuality enforced,” Schenk said. They switched agents and bought the abode they capital anyway.
A few years later, Schenk fabricated it a antecedence to annihilate California’s redlining laws aback she served in above Gov. Jerry Brown’s chiffonier as California’s Secretary of Business, Transportation and Housing.
“One of the aboriginal things that Governor Brown and I did was to accomplish anti-redlining a top priority,” she said. “We created this anti-redlining division. And I had anywhere from one to three bodies that aloof focused on that — that was their full-time job: to annihilate redlining. And to accomplish abiding we could address laws that we would acquaint to the legislature.”
Identity based exclusions affected abounding facets of life, she added. “It wasn’t aloof the apartment issue. It was aggregate that surrounds it, in the community.”
She remembered visiting a greeting agenda boutique and allurement the bagman breadth the Jewish New Year cards were.
“And she looked at me like I had stung her. And she said, ‘Well, we don’t advertise those kinds of cards actuality a lot.’ I’ll never balloon the tone. And I said to her, ‘You apperceive what? You will, you will.’ You know? And that boutique is gone and I’m still here,” Schenk said.
Inewsource anchorman Kate Sequeira contributed analysis to this report.
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