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January 9, 2006

Manassas Zoning: Anti-Immigrant?

LawLibraian Blog reports on the recent action by Manassas, Virginia in endeavoring to turn back the tide of Hispanic immigrants by amendments to its zoning code.

The Manassas ordinance provides that "Family" means "(1) an individual; (2) Two or more persons related to the second degree of colalteral consanguinity by blood, marriage, adoption or guardianship, or otherwise duly authorized custodial relationship, as verified by official public records such as drivers licenses, birth or marriage certificates, court orders or notarized affidavits, living and coorking together as a single housekeeping unit, exclusive of not more than one additional nonrelated person; (3) A number of persons, not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption or guardianship; or (4) Not more than two unrelated persons and their dependent children living and cooking together as a single housekeeping unit."

This approach clearly seems inconsistent with long-standing law including Moore v. City of East Cleveland, Ohio (1977) and similar cases decided under state constitutions.  For more background, check the report by the Washington Post and the Post's critical editorial. Surely the stereotypical views about large families, trash, etc. reported by the Post reflect fear and anti-immigrant sentiment that is unfair, unfounded, and out of line.  The ACLU is considering bringing a suit to challenge the ordinance.  That's a good idea... but a better one would be for the city to revise its ordinance now and apologize for its unneighborly (and likely illegal) move.

Well, Manassas is taking another look at things.  The Washington Post has reported that the problematic ordinance has been suspended.  The City Council is reconsidering and may repeal.  That would be a good idea.

January 9, 2006 in News Notes | Permalink

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