Pros And Cons Of Zoning

Improved Essays
Scholars and city planners who are against exclusionary zoning due so primarily on the grounds of the equal protection clause of the Fourteenth Amendment and the due process clauses of the Fourteenth and Fifth Amendments. State and federal courts are willing to respond to arguments that local zoning powers have egregiously undermined the socioeconomic opportunities for low-to-moderate income individuals because they limit affordable housing across metropolitan jurisdictions, particularly across suburban communities. Opponents argue that exclusionary zoning practices should be met with a stringent state interest test that protects entitled classes, mainly racial minorities, and the poor, against local discriminatory housing practices. However, it is often difficult to prove that zoning boards have racially discriminatory motives or …show more content…
The U.S. Supreme Court, in Dandridge v. Williams (397 U.S. 471 1970), and James v. Valtierra (402 U.S. 137 1971), clearly indicated that the Court will not expand equal protection doctrines in relation to exclusionary

Related Documents

  • Improved Essays

    In the case Dallas Fire Fighters Ass'n v. City of Dallas, white and Native American male fire fighters claimed race and gender-conscious promotions violated the Equal Protection Clause (Berkeley, 1996). The plaintiffs claimed the department passed them over for promotions solely on the basis of race or gender pursuant to the Department's affirmative action plan (Berkeley, 1996). The court held the constitutionality of an affirmative action plan, whether voluntary or court-ordered, must be subjected to strict scrutiny (Berkeley, 1996). The court found that the City's policy of "skip promotions" in the fire department was not narrowly tailored and therefore violated the plaintiff's equal protections rights (Berkeley, 1996). Likewise, the female…

    • 133 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The Plessy v. Ferguson supreme court case is one of the most well known landmark supreme court cases. It primarily argues the “separate but equal” segregation and Jim Crow laws that emerged post-civil war. The outcome of this case was entirely justified, at the time, because it still met the principles in the thirteen and fourteen amendments. Additionally, Plessy's argument was still undermined with the fact that the state was still keeping facilities “separate but equal.”…

    • 556 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    In the Plessy vs. Ferguson case the defendant, Homer Plessy refused to sit in the All-Black car and sat instead in the All-White car then. Plessy was arrested for violating the ‘separate but equal’ law. At trial with Justice John H. Ferguson, Plessy was found guilty on the grounds that the law was reasonable since everything was equal, just separate. Plessy rebutted saying that segregation…

    • 381 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    When looking at the St. Bernard Parish 2006 ordinance, one could say that a factor at play is social segregation. Social segregation is “a situation in which participation in social, fraternal, service and other types of activities is confined to members of the ingroup” (Parrillo, 2012, p. 438). Different institutions sometimes use processes to keep out certain of people in order to preserve an image or reputation. The Disputed housing ordinance, St. Bernard parish 2006 explains a parish-wide ordinance restricting housing in an area after Hurricane Katrina which tried to ban African Americans from moving into those houses. African Americans were not allowed to participate in the community of this particular neighborhood.…

    • 155 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Thus, due to the overt evidentiary nature of inequality, it must be taken into account when considering both the effects and legality of segregation. In disregarding the effect of the lived reality of equality, the Court has violated both the Fifth and Fourteenth Amendments. The Court has disregarded due process. The infringement of due process, must inherently be a violation of the…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    The Baldus Study

    • 1440 Words
    • 6 Pages

    Aside from protecting racially-motivated policing, the Supreme Court has also made it so that claims of racial bias cannot be made in the sentencing process. An example of this can be found in McClesky v. Kemp, where the Supreme Court illustrated that they would tolerate discrimination in the criminal justice system so long as no one explicitly claimed their racial biases (Alexander, 109). In 1987, an African American man named Warren McCleskey was facing the death penalty after being convicted for the murder of a Georgia police officer. Represented by lawyers from the NAACP, McCleskey challenged his sentence by presenting the high court with the Baldus study, an in-depth statistical analysis of Georgia’s death sentencing patterns conducted…

    • 1440 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Title IX Case Study

    • 863 Words
    • 4 Pages

    Title IX of the Education Amendments of 1972 prohibits educational programs in the United States that receive federal funds from discriminating against or excluding individuals on the basis of sex. Its purpose was to ensure equal opportunity, and it was passed after Congress considered evidence of women’s historic exclusion from education. Despite that history of limited opportunity, with women comprising only 43% of college enrollees in the early 1970s, women are now the majority, comprising 58% of the Class of 2010. Some universities might therefore desire to equalize their gender ratios by implementing affirmation action plans that give preference to male applicants. However, based on Title IX’s purpose of equal opportunity, the constitutional…

    • 863 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Sacagawea

    • 591 Words
    • 3 Pages

    In regards to the Supreme Court case of Johnson v. M'Intosh, and the following 'Doctrine of Discovery' that enabled legal status for European, Christian white men to have a legal right to the…

    • 591 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    As stated in the article Restrictive Covenants in Housing by Barbara Chasin, restrictive covenants are “a private contract entered into by neighborhood property owners stipulating that property could not be sold or rented to certain minority groups” (Schaefer, 1998, pg. 194). In like manner, the Federal Housing Administration (FHA) preserved segregated communities through restrictive covenants as expressed in their manual. As someone who has previously lived in housing endorsed by the FHA, I disclose the tactics used as unethical and mistrustful. Segregating individuals for the ideology that everyone would be positively affected is erroneous. Sadly, as examined by the report, segregating provided the optimum protection against abominable situations.…

    • 174 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    First, the Supreme Court has consistently held that the Thirteenth Amendment, unlike the Fourteenth, does not have a quality agency necessary. Thus, the Thirteenth Amendment, improbable the Equal Protection Clause, can be applied to the actions of solitary individuals that dot a token or contingency of slavery, thereby stretch figure of subordination that currently lack any constitutional redress. Second, the Supreme Court has also port open the possibility that the Thirteenth Amendment imply dissimilar impact delicacy, in antithesize to the Court’s rendering of the Equal Protection Clause as reaching only nose to the grindstone clearness. Thus, forms of systemic and constitutive postponement or individual discrimination arising from unconscious bias, which are effectively immunized from serious even protection review due to the absence of purposefully discriminatory action, would be subject to constitutional scrutiny under a Thirteenth Amendment disparate impact theory.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Writing in 1960 for Esquire, James Baldwin described the damage done by New York City’s racial segregation practices, particularly the desolation of the Riverton housing project. The state of housing segregation in Seattle today is a long way from the dire straits of black housing in Baldwin’s Harlem. Particularly striking, though, is Baldwin’s contrasting of the white, wealthy Fifth Avenue downtown and Fifth Avenue in Harlem. To some extent, this juxtaposition should feel familiar to Seattle’s minority communities today, who live in the shadow of an economic boom in which they do not and have not historically shared.…

    • 1435 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In industrialized areas zoning is very common and is to have a big environmental problem to the citizens that live in those certain areas. As property value decreases, many time large companies see that it is very favorable for their earnings to implement buildings and construction in rural surrounds were colored people and of different cultures reside.…

    • 57 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Equal Protection Argument

    • 641 Words
    • 3 Pages

    As a country that prides itself on serving justice to everyone and diversity, who would we be to deny equal protection under the law? Equal protection gives the oppressed a sense of safety, and comfort knowing that despite having small differences that may set them apart from everyone else they’ll still be treated equally and not ostracized for things they cannot control. The Equal Protection clause took effect in 1868 after the Civil Rights Act of 1866 and states that a state cannot deny any person within its jurisdiction equal protection under the law. To put it simply, the laws must apply to an individual the same way they they do to people in similar situations.…

    • 641 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Separate But Equal Essay

    • 894 Words
    • 4 Pages

    Nonetheless, the defense purported that segregation was not unconstitutional in any way and there was nothing in the constitution outlawing it. They claimed that it was a matter that should be handled by the states and states should decide on the matter. Nevertheless, the court sided with the plaintiffs ruling that segregation violated the 14th amendment, which guaranteed that ‘states could not deny to any person within its jurisdiction the equal protection of the law’. In the case’s commentary, chief Justice Earl Warren said that” In the arena of public education, the doctrine of ‘separate but equal’ is not applicable.” He also added saying,” separate educational facilities are inherently…

    • 894 Words
    • 4 Pages
    Superior Essays
  • Great Essays

    Introduction Gentrification is a trend in urban communities that causes the displacement of lower income, long-time residents and small businesses with affluent middle class households. Due to the shift in culture and socio-economic status of these urban communities, there is an increase in property and rental taxes, which makes it impossible for the lower income families to compete with the rising housing rates. Gentrification has been identified as a social problem. The Fair Housing Act of 1968 was implemented to address discrimination in the housing market. This public policy can also be utilized to tackle the social injustice of gentrification.…

    • 1943 Words
    • 8 Pages
    Great Essays