Friday, October 23, 2015
Ernesto Hernández-López (Chapman) has posted Sriracha Shutdown: Hot Sauce Lessons on Local Privilege and Race (Seton Hall Law Review) on SSRN. Here's the abstract:
This conflict points to a suburban racialized exclusion, sourced in municipal legal powers. With a population that is over ninety percent Latino, Irwindale was incorporated to capitalize on racial divisions. Mining companies sought these divisions in order to benefit from low taxes. Incorporation created a legal privilege in municipal powers to exclude outsiders. Irwindale's public nuisance lawsuit to shutdown sriracha exemplifies such a tactic. Eyeing this food conflict, this Article uses critical approaches to race and geography to illustrate the influence local government law has on race relations in the suburban United States. This Article also illustrates how municipal legal powers result in racialized exclusion, despite race neutral legal positions and a lack of racist animus.