Tuesday, March 31, 2015

Malloy on Land Use Law & Disability

MalloyRobin Malloy (Syracuse) has posted Inclusion by Design, Thinking Beyond a Civil Rights Paradigm - Land Use Law and Disability: Planning and Zoning for Accessible Communities (Book Chapter) on SSRN.  Here's the abstract:

In Land Use Law and Disability: Planning and Zoning for Accessible Communities (Cambridge University Press 2015), I argue that our communities need better planning to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and accessible design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. This involves examining disability in relation to the police power. Coverage goes beyond matters of universal design and focuses on the special legal requirements for planning and zoning when disability is raised; including the requirements for regulating use, special use permits, variances, and accessory uses. Much like situations involving a tension between zoning and the First Amendment, the standards of review when zoning collides with the ADA (Americans with Disability Act) require additional considerations in order to be legally upheld. The goal of the book is to advance our understanding of disability in terms of planning and zoning and to thereby facilitate cooperative engagement between disability rights advocates and land use professionals. Chapter one of the book, titled “Inclusion by Design: Thinking Beyond a Civil Rights Paradigm,” is attached with permission of Cambridge University Press and of the author.


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