Local Attempt to Prohibit Jews Moving to Ansbach
Request of Mayor Boehm: Considering the situation of the housing market in Ansbach to prohibit Jews from moving to Ansbach and to make the necessary requests to the government. Permission can be granted only for temporary residence of up to 4 weeks and then the person concerned is to be controlled. The request is approved unanimously.
Re: Moving of Jews
The City Council of Ansbach has decided in its meeting of 22 September 1933 to adopt the request of the National Socialist faction Considering the situation of the housing market in Ansbach, to prohibit Jews from moving to Ansbach and to make the necessary requests to the government. Permission can be granted only for temporary residence of up to 4 weeks and then the person concerned is to be controlled.
The reason behind this decision is that lately many Jews have moved to Ansbach from smaller localities in the area. They cannot live in the small places any longer and therefore attempt to move to larger towns. There is the danger that these recently arrived Jews who often have considerable means, will buy real estate in Ansbach and become permanent residents.
As there are not yet legal measures limiting the freedom of movement in this direction, we are notifying the Government of this decision of the City Council and the reasons for it and submit the material for consideration for future legislation.
To City Council of Ansbach
Re: The decision of the City Council of September 22, 1933 to prohibit the moving of Jews to Ansbach and granting permission only for temporary residence in the city cannot be reconciled with the existing laws.
German citizens of the Reich who move from one place to another, even if they are not of Aryan race, do not need a residence permit. According to...[paragraph of the law]...only foreigners who stay for longer than 6 months require such a permit.
Expulsion from a place is only possible in specific cases when the conditions of the security police orders...or the law for gypsies or those who refuse to work or the decrees of the police regarding the poor...apply.
...In all cases of expulsion, the order has to clearly conform to the specifications of the law with respect to the facts and the legal side. Belonging to a certain race cannot in itself be the reason for a rejection or an expulsion....
To District Administrations
Nuremberg, Fuerth and Hof
It is necessary to point out once again that decisions of local councils not to let Jews participate in markets and fairs are in contradiction to the principle of freedom of the market that has not as yet been annulled and are therefore illegal. According to this law visits to weekly or yearly markets and fairs and buying and selling are permitted to Jews. Such decisions are also in contradiction to decisions of the ministries of the Interior and the Economy of the State of 21 August 1933, No. 303.... In so far as such decisions are still in force, they are to be canceled.
In cases where Jewish businessmen were expelled from markets and fairs for reasons of public order and security, it has to be examined whether these conditions still apply. Decisions can only be taken in individual cases and have to be examined by the police authorities. The position of the security police cannot be exploited to circumvent the decisions of the state ministries....
In case there is not enough space in the market to accommodate all the merchants that have registered in time, the allocation of stalls is in the hands of the city council or the market management. In this case too, the decision has to be made for each case individually and cannot generally exclude every Jewish dealer.
Secret decision taken on 19 November 1933 91/403. The decision of the Government of 14 November 1933 is duly noted. The comprehensive prohibition of access of Jews to the local markets is annulled.
Source: Yad Vashem Archive, M1DN 86.
Source: Yad Vashem