Buchanan v. Warley | |
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Argued April 10–11, 1916 Reargued April 27, 1917 Decided November 5, 1917 | |
Full case name | Buchanan v. Warley |
Citations | 245 U.S. 60 ( more ) 38 S. Ct. 16; 62 L. Ed. 149; 1917 U.S. LEXIS 1788 |
Holding | |
Bans on the sale of real estate to black people violate freedom of contract as protected under the Fourteenth Amendment. Kentucky Court of Appeals reversed. | |
Court membership | |
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Case opinion | |
Majority | Day, joined by unanimous |
Laws applied | |
U.S. Const. amend. XIV |
Buchanan v. Warley, 245 U.S. 60 (1917), is a case in which the Supreme Court of the United States addressed civil government-instituted racial segregation in residential areas. The Court held unanimously that a Louisville, Kentucky, city ordinance prohibiting the sale of real property to blacks in white-majority neighborhoods or buildings and vice versa violated the Fourteenth Amendment's protections for freedom of contract. The ruling of the Kentucky Court of Appeals was thus reversed.
Previous state court rulings had overturned racial zoning ordinances on grounds of the "takings clause" because of their failures to grandfather land that had been owned before enactment. The Court, in Buchanan, ruled that the motive for the Louisville ordinance—separation of races for purported reasons—was an inappropriate exercise of police power, and its insufficient purpose also made it unconstitutional. [1]
The city of Louisville had an ordinance that forbade any black person to own or occupy any buildings in an area in which a greater number of white persons resided, and vice versa. In 1915, William Warley, the prospective black buyer and an attorney for the National Association for the Advancement of Colored People (NAACP), made an offer to Charles H. Buchanan for his property in a predominantly white neighborhood. [2]
He based his offer on the following condition:
It is understood that I am purchasing the above property for the purpose of having erected thereon a house which I propose to make my residence, and it is a distinct part of this agreement that I shall not be required to accept a deed to the above property or to pay for said property unless I have the right under the laws of the State of Kentucky and the City of Louisville to occupy said property as a residence. [3]
Buchanan, a white man, accepted the offer. When Warley did not complete the transaction, Buchanan brought an action in the Chancery Court of Louisville to force him to complete the purchase. Warley argued that Louisville's ordinance prevented him from occupying the property, so it was of less value to him. Buchanan sued on the grounds that the ordinance was unconstitutional, and he should receive full payment.
The Supreme Court unanimously agreed with Buchanan: "The effect of the ordinance under consideration was not merely to regulate a business or the like, but was to destroy the right of the individual to acquire, enjoy, and dispose of his property. Being of this character, it was void as being opposed to the due process clause of the constitution." [3] Reversing the Appeals Court decision, the Supreme Court ruled that the ordinance surpassed the legitimate grounds of police power, as it interfered with individuals' rights of property. In addition, the court noted that the ordinance neither regulated the race of servants who might be employed in certain areas nor counted them as members of the household. [4] The ruling did not address the right of owners or developers to restrict housing based on private agreements, meaning private housing restrictions against race were legally enforceable.
Justice Holmes wrote a draft opinion which suggested the case was "manufactured" by the seller and buyer. He withdrew the dissent and voted with the majority. [5]
Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal". Notably the court ruled the existence of laws based upon race was not inherently racial discrimination. The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era in 1877. Such legally enforced segregation in the south would last into the 1960s.
Sundown towns, also known as sunset towns, gray towns, or sundowner towns, are all-white municipalities or neighborhoods in the United States that practice a form of racial segregation by excluding non-whites via some combination of discriminatory local laws, intimidation or violence. The term came into use because of signs that directed "colored people" to leave town by sundown.
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John Henry Buschemeyer was mayor of Louisville, Kentucky from 1913 to 1917.
In the United States, zoning includes various land use laws falling under the police power rights of state governments and local governments to exercise authority over privately owned real property. Zoning laws in major cities originated with the Los Angeles zoning ordinances of 1904 and the New York City 1916 Zoning Resolution. Early zoning regulations were in some cases motivated by racism and classism, particularly with regard to those mandating single-family housing. Zoning ordinances did not allow African-Americans moving into or using residences that were occupied by majority whites due to the fact that their presence would decrease the value of home. The constitutionality of zoning ordinances was upheld by the Supreme Court of the United States in Village of Euclid, Ohio v. Ambler Realty Co. in 1926.
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Moore v. City of East Cleveland, 431 U.S. 494 (1977), was a United States Supreme Court case in which the Court ruled that an East Cleveland, Ohio zoning ordinance that prohibited a grandmother from living with her grandchild was unconstitutional. Writing for a plurality of the Court, Justice Lewis F. Powell Jr. ruled that the East Cleveland zoning ordinance violated substantive due process because it intruded too far upon the "sanctity of the family." Justice John Paul Stevens wrote an opinion concurring in the judgment in which he agreed that the ordinance was unconstitutional, but he based his conclusion upon the theory that the ordinance intruded too far upon the Moore's ability to use her property "as she sees fit." Scholars have recognized Moore as one of several Supreme Court decisions that established "a constitutional right to family integrity."
Exclusionary zoning is the use of zoning ordinances to exclude certain types of land uses from a given community, especially to regulate racial and economic diversity. In the United States, exclusionary zoning ordinances are standard in almost all communities. Exclusionary zoning was introduced in the early 1900s, typically to prevent racial and ethnic minorities from moving into middle- and upper-class neighborhoods. Municipalities use zoning to limit the supply of available housing units, such as by prohibiting multi-family residential dwellings or setting minimum lot size requirements. These ordinances raise costs, making it less likely that lower-income groups will move in. Development fees for variance, a building permit, a certificate of occupancy, a filing (legal) cost, special permits and planned-unit development applications for new housing also raise prices to levels inaccessible for lower income people.
Clarence H. Mullins was an American jurist from the state of Alabama. He served as a United States district judge of the United States District Court for the Northern District of Alabama from 1943 until his death in 1957. He was the Chief Judge of the District court from 1948 until he assumed senior status in 1953 as a result of disability. Mullins was notable for his rulings in the 1940s in favor of desegregation, especially in housing discrimination.
Harmon v. Tyler, 273 U.S. 668 (1927), was a unanimous United States Supreme Court decision addressing racial segregation in residential areas. The Court held that a New Orleans, Louisiana ordinance requiring residential segregation based on race violated the Fourteenth Amendment. The Court relied on the authority of Buchanan v. Warley.
Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark United States Supreme Court case that held that racially restrictive housing covenants cannot legally be enforced.
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Arlington County Board v. Richards, 434 U.S. 5 (1977), is a United States Supreme Court decision on the application of the Equal Protection Clause of the Fourteenth Amendment to the Constitution to municipal parking restrictions. In a unanimous per curiam opinion, the Court held that a residential zoned parking system requiring permits for daytime parking in the Aurora Highlands neighborhood of Arlington County, Virginia, with those permits limited to residents, their guests and those who came to their homes for business purposes had a rational basis and was thus constitutional. Its decision overturned the Virginia Supreme Court.