They might want to check ahead of time on whether this is constitutional: “A task force set up [by Mayor Steve Adler] to evaluate institutional racism in Austin is recommending the city create a fund with a goal of raising $600 million to buy and preserve affordable housing for minorities — giving preference to those previously displaced from gentrified areas.” [Elizabeth Findell, Austin American-Statesman]
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The City of Atlanta is considering a $5 million fund for assisting adverse impact of gentrification in predominantly black neighborhoods of Vine City and English Avenue. Possible constitutional challenge there as well?
If an explicit racial classification is made, without the right sort of evidentiary record that it is a remedy for past racial classification, then possibly. If it is couched in non-racial terms, and assists with the issues in question all who meet the given requirements without reference to race, then a successful challenge would be less likely.
“…to buy and preserve affordable housing for minorities…”
Policies that benefit specific races or groups of races will only serve to create more racists.
The reality is that Austin is a very difficult city in which to build; in some cases it takes an act of god and thousands of dollars in permits and fees just to build an outdoor deck. That’s why gentrification is occurring: building sites are simply too valuable, and it’s much cheaper/easier to rehab an existing property then to build new.
If Steve Adler really wants to minimize gentrification and make Austin “affordable”, then he should get out of the way and make it easier for developers to build. Artificially preventing gentrification by establishing rules or programs that limit this activity will only make the Austin more expensive.
Walter Olson said:
“If it is couched in non-racial terms, and assists with the issues in question all who meet the given requirements without reference to race, then a successful challenge would be less likely.”
Well, that strategy didn’t work out so well for Trump and his refugee freeze. Given that they’ve already said it was to assist minorities, they might have trouble backtracking when they implement the law.
The reality is that Austin is a very difficult city in which to build; in some cases it takes an act of god and thousands of dollars in permits and fees just to build an outdoor deck.
I know an Austin company whose building burned down on property it owned. It took five years to rebuild, primarily because of onerous City of Austin building permits.