Comment by tqi
10 hours ago
but do you think restrictive zoning and onerous permitting requirements would have prevented that? It's not like laws against murder prevented lynchings, I think in most cases these rules would have just been ignored by municipalities because they largely exist to protect monied interests not vulnerable populations.
Not to be argumentative, but it's worth noting that Lynchings were considered legal because there was usually a criminal accusation and local officials involved.[1] A bill has been introduced in every Congress since 1918 to make Lynching illegal. It actually became illegal with the Emmett Till Antilynching Act (H.R. 55), enacted on March 29, 2022[2].
Now it's true that it could have been prosecuted anyway as murder or a civil rights violation, but it wasn't because of that convenient interpretation.
1. https://naacp.org/find-resources/history-explained/history-l...
2. https://www.congress.gov/bill/117th-congress/house-bill/55
In Berkeley, CA, restrictive zoning in the early 1900s was used to reinforce and codify those outcomes that separated the rich and the poor. Those laws stayed in place for over 100 years, far longer than the term of a single elected official. So you have to be careful what kind of laws you pass.
https://www.berkeleyside.org/2024/07/23/berkeley-zoning-has-...
Given the rent required to live in Berkeley, its basically the nightmare scenario that we are all talking about. The only people who benefit from Berkeley's laws are the landowners/landlords. Everyone else suffers including the local businesses and especially the renters. Even taxpayers in other states are penalized as lots of federal money is used to subsidize poor renters which ends up both increasing the rental prices even more while benefiting the landowners even more. Basically, whatever Berkeley is doing, do the opposite and you will be fine.
> I think in most cases these rules would have just been ignored by municipalities because they largely exist to protect monied interests not vulnerable populations.
When there are rules on the books, and they are bulldozed over, you can generally sue.
but again, do you think those affected residents of the predominantly Black and low income communities would have gotten very far in civil court?
Do they get far today? What changed, if not the law?
Your city council may be composed of criminals and racists, but with the courts, you get another shot at getting a slate of people who can help you who might not be.
There's nothing you can do in a society that's 100% biased against you, but in a society that's 50% biased against you, appeals might rule in your favour.