American Constitutionalism in Historical Perspective (packet)

Zoning/Public Works –

1. 
   Yick Wo v. Hopkins, 1886: p. 685 neutral statute forbid laundry licenses to those in wood buildings, but granted waivers. Found disproportionate impact since NO Chinese launderers received permits and whites did despite lower # that applied. Struck statute down, finding that there was presumptive discrimination since there was no non-discriminatory way of explaining the facts. Here challenged the statute as applied. History of discrimination vs. Asians on West Coast so was suspect class.
   
2. 
   Gomillion v. Lightfoot: (1960): p. 687 town redrew its district boundaries so that no blacks could either vote or be elected in violation of 15^th A. The court struck this down due to its massive disprop effect & b/c there was no other way of understanding the actions as other than racial discrimination.
   
3. 
   Griffin v. County School Board of Prince Edward County (1964): p.687 struck down closing of public schools & grants of public funds to white children to attend private schools. No non-racist purpose, hostile to Brown. Making public ed worse for AA—disprop impact.
   
4. 
   Palmer v. Thompson, 1971: allowed the city’s closure of public pools following a desegregation order. Swimming pool i/n essential like school, voting rts. Hoping that sanity will overcome bigotry when whites also hurting themselves this way. Disproportionate impact: both blacks and whites equally affected. But whites probably have own swimming pool or will form private country clubs. Discriminatory purpose: The court refused to look at the legislative history, determining purpose by resultant disproportionate impact. Leads to under enforcement.
   
   1. 
      Commentators: (1) About effect not purpose (purpose is racist here, by looking at effect is easy way out), (2) Neutral purpose: saving $ (but can change legisl record to make up any neutral purpose) (3) Racist purpose but s/n worry b/c effecting whites as well and democracy can handle it: democratic legitimization will help eradicate racism w/out violence
      
5. 
   Arlington Heights v. Metropolitan Housing, 1977:p.692 allowed decision not to rezone a residential area for multi-family dwellings b/c it found a legit, non-discriminatory purpose existed (integrity of zoning plan). Makes more difficult for AA to live in the suburbs has disprop impact but may stand b/c legit purpose. If had been multiple to single zoning, would have shown that Council ppl had discriminatory purpose b/c no zoning justification.