hunter
erickson
argued
november
decided
january
akron
city
council
enacted
fair
housing
ordinance
established
commission
equal
opportunity
housing
enforce
antidiscrimination
sections
conciliation
persuasion
possible
orders
judicially
enforceable
thereafter
proposal
amendment
city
charter
placed
ballot
petition
passed
provided
ordinance
including
effect
regulates
use
sale
advertisement
transfer
listing
assignment
lease
sublease
financing
real
property
basis
race
color
religion
national
origin
ancestry
must
first
approved
majority
voters
becoming
effective
trial
denied
appellant
housing
discrimination
complaint
holding
fair
housing
ordinance
rendered
ineffective
charter
amendment
ohio
affirmed
finding
amendment
repugnant
equal
protection
clause
held
case
moot
neither
civil
rights
act
specifically
preserves
local
fair
housing
laws
civil
rights
act
intended
local
housing
ordinances
ohio
act
october
concerns
commercial
housing
apply
case
akron
ordinance
provides
enforcement
mechanism
unmatched
either
state
federal
legislation
pp
charter
amendment
contains
explicitly
racial
classification
treating
racial
housing
matters
differently
racial
housing
matters
places
special
burdens
racial
religious
minorities
within
governmental
process
making
difficult
secure
legislation
behalf
pp
racial
classifications
bear
heavier
burden
justification
classifications
akron
justified
discrimination
minorities
constitutes
denial
equal
protection
laws
pp
robert
carter
argued
cause
appellant
brief
norman
purnell
bernard
roetzel
lewis
steel
alvin
vinopal
argued
cause
appellees
brief
william
baird
louis
claiborne
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
griswold
assistant
attorney
general
pollak
francis
beytagh
nathan
lewin
justice
white
delivered
opinion
question
case
whether
city
akron
ohio
denied
negro
citizen
nellie
hunter
equal
protection
laws
amending
city
charter
prevent
city
council
implementing
ordinance
dealing
racial
religious
ancestral
discrimination
housing
without
approval
majority
voters
akron
akron
city
council
enacted
fair
housing
ordinance
premised
recognition
social
economic
losses
society
flow
substandard
ghetto
housing
tendency
breed
discrimination
segregation
contrary
policy
city
assure
equal
opportunity
persons
live
decent
housing
facilities
regardless
race
color
religion
ancestry
national
origin
akron
ordinance
commission
equal
opportunity
housing
established
ordinance
office
mayor
enforce
antidiscrimination
sections
ordinance
conciliation
persuasion
possible
order
facts
warrant
based
upon
hearing
witnesses
may
subpoenaed
entitled
enforcement
courts
akron
ordinance
amended
akron
ordinance
seeking
invoke
machinery
established
city
benefit
nellie
hunter
addressed
complaint
commission
asserting
real
estate
agent
come
show
list
houses
sale
meeting
hunter
agent
stated
show
houses
list
prepared
owners
specified
wish
houses
shown
negroes
hunter
affidavit
met
reply
fair
housing
ordinance
unavailable
city
charter
amended
provide
ordinance
enacted
council
city
akron
regulates
use
sale
advertisement
transfer
listing
assignment
lease
sublease
financing
real
property
kind
interest
therein
basis
race
color
religion
national
origin
ancestry
must
first
approved
majority
electors
voting
question
regular
general
election
said
ordinance
shall
effective
ordinance
effect
time
adoption
section
shall
cease
effective
approved
electors
provided
herein
akron
city
charter
appellant
brought
action
ohio
courts
behalf
municipality
others
similarly
situated
obtain
writ
mandamus
requiring
mayor
convene
commission
require
commission
director
law
enforce
fair
housing
ordinance
process
complaint
trial
initially
held
enforcement
provisions
fair
housing
ordinance
invalid
state
law
ohio
reversed
state
ex
rel
hunter
erickson
ohio
remand
trial
held
fair
housing
ordinance
rendered
ineffective
charter
amendment
ohio
affirmed
holding
charter
amendment
repugnant
equal
protection
clause
constitution
akron
contends
case
rendered
moot
passage
civil
rights
act
pub
stat
decision
jones
alfred
mayer
passage
ohio
act
effective
october
ohio
rev
code
tit
true
events
related
open
housing
none
legislation
involved
intended
local
housing
ordinances
provide
rights
remedies
effective
substitutes
akron
law
civil
rights
act
specifically
preserves
defers
local
fair
housing
laws
civil
rights
act
considered
jones
read
together
later
statute
subject
stewart
talbot
seeman
cranch
local
legislation
far
detailed
act
explicitly
preserves
ohio
statute
mooted
case
surely
ohio
held
validity
akron
ordinance
twice
ohio
statute
passed
moreover
sections
ohio
law
crucial
apply
commercial
housing
reading
imagine
apply
hunter
case
though
akron
ordinance
finally
case
considered
moot
since
akron
ordinance
provides
enforcement
mechanism
unmatched
either
state
federal
legislation
unlike
state
federal
programs
akron
ordinance
brings
local
people
together
conciliation
persuasion
local
tribunal
precisely
sort
localized
solution
congress
meant
defer
therefore
reject
contention
case
moot
akron
argues
case
unlike
reitman
mulkey
city
charter
declares
right
discriminate
housing
authorizes
encourages
housing
discrimination
places
ban
enactment
fair
housing
ordinances
need
rest
reitman
decide
case
unlike
reitman
explicitly
racial
classification
treating
racial
housing
matters
differently
racial
housing
matters
adding
charter
city
akron
unquestionably
wields
state
power
suspended
operation
existing
ordinance
forbidding
housing
discrimination
also
required
approval
electors
future
ordinance
take
effect
section
thus
drew
distinction
groups
sought
law
protection
racial
religious
ancestral
discriminations
sale
rental
real
estate
sought
regulate
real
property
transactions
pursuit
ends
sought
benefit
ordinances
regulating
real
property
market
remained
subject
general
rule
ordinance
become
effective
days
passage
city
council
immediately
passed
emergency
measure
subject
referendum
electors
requested
filing
proper
timely
petition
passage
council
sufficed
unless
electors
invoked
general
referendum
provisions
city
charter
sought
protection
racial
bias
approval
city
council
enough
referendum
required
charter
general
regular
election
without
provision
use
expedited
special
election
ordinarily
available
akron
charter
obviously
made
substantially
difficult
secure
enactment
ordinances
subject
laws
end
housing
discrimination
based
race
color
religion
national
origin
ancestry
must
run
gantlet
true
section
draws
distinctions
among
racial
religious
groups
negroes
whites
jews
catholics
subject
requirements
housing
discrimination
wish
end
nevertheless
disadvantages
benefit
laws
barring
racial
religious
ancestral
discriminations
bar
discriminations
otherwise
regulate
real
estate
market
favor
automatic
referendum
system
reach
housing
discrimination
sexual
political
grounds
children
dogs
affect
tenants
seeking
heat
better
maintenance
landlords
seeking
rent
control
urban
renewal
public
housing
new
building
codes
moreover
although
law
face
treats
negro
white
jew
gentile
identical
manner
reality
law
impact
falls
minority
majority
needs
protection
discrimination
referendum
might
bothersome
like
law
requiring
specification
candidates
race
ballot
anderson
martin
places
special
burdens
racial
minorities
within
governmental
process
permissible
denying
vote
equal
basis
others
cf
gomillion
lightfoot
reynolds
sims
avery
midland
county
preamble
open
housing
ordinance
suspended
recited
population
akron
consists
people
different
race
color
religion
ancestry
national
origin
many
live
circumscribed
segregated
areas
unhealthful
unsafe
unsafe
unsanitary
overcrowded
conditions
discrimination
sale
lease
rental
financing
housing
situation
akron
background
referendum
required
must
assessed
core
fourteenth
amendment
prevention
meaningful
unjustified
official
distinctions
based
race
cases
wall
strauder
west
virginia
ex
parte
virginia
mclaughlin
florida
loving
virginia
racial
classifications
constitutionally
suspect
bolling
sharpe
subject
rigid
scrutiny
korematsu
bear
far
heavier
burden
justification
classifications
mclaughlin
florida
unimpressed
akron
justifications
discrimination
characterizing
simply
public
decision
move
slowly
delicate
area
race
relations
emphasizes
impact
burden
justify
amendment
unnecessary
either
implement
decision
go
slowly
allow
people
akron
participate
decision
likewise
insisting
state
may
distribute
legislative
power
desires
people
may
retain
power
certain
subjects
may
generally
true
principles
furnish
justification
legislative
structure
otherwise
violate
fourteenth
amendment
implementation
change
popular
referendum
immunize
lucas
colorado
general
assembly
sovereignty
people
subject
constitutional
limitations
duly
adopted
remain
unrepealed
even
though
akron
might
proceeded
majority
vote
town
meeting
municipal
legislation
instead
chosen
complex
system
done
state
may
disadvantage
particular
group
making
difficult
enact
legislation
behalf
may
dilute
person
vote
give
group
smaller
representation
another
comparable
size
cf
reynolds
sims
avery
midland
county
hold
discriminates
minorities
constitutes
real
substantial
invidious
denial
equal
protection
laws
reversed
footnotes
citizens
shall
right
every
state
territory
enjoyed
white
citizens
thereof
inherit
purchase
lease
sell
hold
convey
real
personal
property
stat
amended
ohio
statute
makes
unlawful
person
efuse
sell
otherwise
deny
withhold
commercial
housing
person
race
color
prospective
owner
ohio
rev
code
ann
supp
emphasis
added
commercial
housing
defined
exclude
personal
residence
offered
sale
rent
owner
broker
salesman
agent
employee
ohio
rev
code
ann
supp
statute
makes
unlawful
rint
publish
circulate
statement
advertisement
relating
sale
personal
residence
indicates
preference
limitation
specification
discrimination
based
upon
race
ohio
rev
code
ann
supp
since
hunter
seek
commercial
housing
complain
affront
sensibilities
hearing
circulated
statement
ohio
statute
goes
far
obtain
relief
seeks
ohio
statute
see
evans
newton
burton
wilmington
parking
authority
shelley
kraemer
thus
hold
mere
repeal
existing
ordinance
violates
fourteenth
amendment
ordinances
may
initiated
petition
signed
voters
city
charter
may
amended
measures
enacted
council
repealed
referendum
may
obtained
petition
voters
people
akron
power
initiate
legislation
review
council
decisions
even
see
supra
procedural
prerequisites
popular
action
perfectly
reasonable
gathering
voters
signatures
course
passing
illustrates
justice
harlan
justice
stewart
joins
concurring
outset
think
well
sketch
constitutional
approach
state
statutes
structure
internal
governmental
process
challenged
equal
protection
clause
fourteenth
amendment
equal
protection
purposes
believe
laws
define
powers
political
institutions
fall
two
classes
first
statute
may
clear
purpose
making
difficult
racial
religious
minorities
political
aims
like
statute
discriminatory
face
law
permitted
stand
unless
supported
state
interests
weighty
substantial
kind
mclaughlin
florida
laws
define
structure
political
institutions
however
fall
second
class
designed
aim
providing
framework
within
diverse
political
groups
society
may
fairly
compete
enacted
purpose
assisting
one
particular
group
struggle
political
opponents
consider
example
akron
procedure
requires
almost
ordinance
submitted
general
referendum
electorate
signs
appropriate
petition
rule
obviously
purpose
protecting
one
particular
group
detriment
others
sometimes
operate
favor
one
faction
sometimes
favor
another
akron
adopted
referendum
system
citizens
believe
whenever
action
city
council
raises
emotional
opposition
significant
group
community
people
right
decide
matter
directly
statutes
type
grounded
upon
general
democratic
principle
violate
equal
protection
clause
simply
occasionally
operate
disadvantage
negro
political
interests
governmental
institution
fair
one
group
always
expected
win
council
fair
housing
legislation
defeated
referendum
negroes
undoubtedly
lose
important
political
battle
thereby
denied
equal
protection
analysis
applies
institutions
government
even
solidly
rooted
history
referendum
existence
bicameral
legislature
executive
veto
may
occasion
make
difficult
minorities
achieve
favorable
legislation
nevertheless
may
attacked
equal
protection
grounds
since
founded
neutral
principles
similarly
rule
makes
relatively
difficult
amend
state
constitution
commonly
justified
theory
constitutional
provisions
thoroughly
scrutinized
soberly
considered
simple
statutory
enactments
negroes
may
stand
gain
rule
fair
housing
law
made
part
constitution
may
lose
constitution
adopts
position
strict
neutrality
question
see
reitman
mulkey
dissenting
opinion
harlan
even
negroes
obliged
undertake
arduous
task
amending
state
constitution
thereby
denied
equal
protection
rule
making
constitutional
amendment
difficult
grounded
neutral
principle
case
us
however
city
akron
attempted
allocate
governmental
power
basis
general
principle
provision
clear
purpose
making
difficult
certain
racial
religious
minorities
achieve
legislation
interest
since
charter
amendment
discriminatory
face
akron
must
bear
far
heavier
burden
justification
required
normal
case
mclaughlin
florida
akron
failed
sustain
burden
city
principal
argument
support
charter
amendment
relies
undisputed
fact
fair
housing
legislation
may
often
expected
raise
passions
community
highest
pitch
necessary
however
pass
amendment
order
assure
particularly
sensitive
issues
ultimately
decided
general
electorate
akron
already
provided
procedure
grounded
neutral
principle
requires
general
referendum
issue
voters
insist
prospect
fair
housing
legislation
really
arouses
passionate
opposition
voters
final
say
consequently
charter
amendment
real
impact
fair
housing
arouse
extraordinary
controversy
case
perceive
legitimate
state
interest
degree
vindicates
action
taken
city
read
opinion
entirely
consistent
basic
principles
believe
control
case
join
section
akron
city
charter
exempts
following
ordinances
referendum
procedure
annual
appropriation
ordinances
ordinances
resolutions
providing
approval
disapproval
appointments
removals
appointments
removals
made
council
actions
council
approval
official
bonds
ordinances
resolutions
providing
submission
proposition
vote
electors
ordinances
providing
street
improvements
petitioned
owners
majority
feet
front
property
benefited
specially
assessed
cost
thereof
justice
black
dissenting
section
art
constitution
provides
among
things
state
shall
pass
bill
attainder
ex
post
facto
law
law
impairing
obligation
contracts
constitutional
provision
anywhere
bars
state
repealing
law
subject
time
pleases
although
denies
fact
read
opinion
holding
city
wields
state
power
barred
repealing
existing
ordinance
forbids
discrimination
sale
lease
financing
real
property
basis
race
color
religion
national
origin
ancestry
result
precisely
though
commanded
state
mandamus
injunction
keep
books
enforce
favors
fair
housing
law
purports
find
power
forbid
city
repeal
laws
provision
fourteenth
amendment
forbidding
state
deny
person
within
jurisdiction
equal
protection
laws
time
filing
protests
use
due
process
clause
strike
state
laws
shock
conscience
offend
sense
considers
fair
fundamental
arbitrary
contrary
beliefs
people
protest
vigorously
use
equal
protection
clause
bar
repealing
laws
wants
retain
course
ruling
marbury
madison
cranch
power
invalidate
state
laws
discriminate
account
race
power
put
roadblocks
prevent
repealing
laws
think
needs
control
encroach
state
powers
repeal
old
laws
decides
another
argument
used
supposedly
support
holding
number
cases
supported
right
vote
without
discrimination
one
held
state
without
power
repeal
laws
convinced
experience
law
serving
useful
purpose
moreover
opinion
casts
aspersions
upon
right
citizens
vote
say
reason
akron
repealing
law
held
unconstitutional
provides
ordinance
fair
housing
field
akron
must
first
approved
majority
electors
voting
question
regular
general
election
said
ordinance
shall
effective
uses
granted
right
people
vote
important
legislation
key
argument
holding
repealer
denies
equal
protection
negroes
consider
moment
government
boast
people
people
people
conditioning
enactment
law
majority
vote
people
condemns
law
unconstitutional
eyes
may
state
laws
held
unconstitutional
past
grounds
equally
fallacious
undemocratic
relies
today
recall
cases
moment
time
think
recall
equal
protection
clause
empower
decide
ordinances
laws
state
may
repeal
strike
repealing
ordinance