Background Hunter v. Erickson

1 background

1.1 ohio law
1.2 charter amendment
1.3 housing commission complaint
1.4 commission s response
1.5 court complaint
1.6 first trial court decision
1.7 second trial court decision
1.8 ohio supreme court
1.9 certiorari , arguments

background
ohio law

the akron city council in 1964 enacted fair housing ordinance premised on recognition of social , economic losses society flow substandard, ghetto housing , tendency breed discrimination , segregation contrary policy of city assure equal opportunity persons live in decent housing facilities regardless of race, color, religion, ancestry or national origin. akron ordinance no. 873-1964 § 1. commission on equal opportunity in housing established ordinance in office of mayor enforce antidiscrimination sections of ordinance through conciliation or persuasion if possible, but, if not, through such order facts warrant, based upon hearing @ witnesses may subpoenaed, , entitled enforcement in courts. akron ordinance no. 873-1964, amended akron ordinance no. 926-1964.

charter amendment

thereafter, proposal amendment city charter, had been placed on ballot petition, passed.

it provided ordinance (including in effect) regulates use, sale, advertisement, transfer, listing assignment, lease, sublease, or financing of real property on basis of race, color, religion, national origin, or ancestry must first approved majority of voters before becoming effective.

ohio rev. code ann. §§ 4112.02(h) , 4112.02(h)(1) (1967) makes unlawful person refuse sell or otherwise deny or withhold commercial housing person because of race or color of prospective owner. commercial housing defined exclude personal residence offered sale or rent owner or broker, salesman, agent, or employee. ohio rev. code ann. § 4112.01(k) (1967). statute makes unlawful print, publish, or circulate statement or advertisement relating sale of personal residence indicates preference, limitation, specification, or discrimination based upon race. ohio rev. code ann. § 4112.02(h)(6) (1967).

housing commission complaint

seeking invoke machinery had been established city benefit, nellie hunter addressed complaint commission asserting real estate agent had come show list of houses sale, on meeting mrs. hunter agent stated not show me of houses on list had prepared me because of owners had specified did not wish houses shown negroes.

a buyer filed complaint housing commission, asserting denied equal housing opportunity in violation of fair housing ordinance because black.

commission s response

the commission refused process complaint because of charter amendment. mrs. hunter s affidavit met reply fair housing ordinance unavailable because of charter amendment; proposal charter amendment had been placed on ballot @ general election upon petition of more 10% of akron s voters, , amendment had been duly passed majority.

this amendment provided:

ordinance enacted council of city of akron regulates use, sale, advertisement, transfer, listing assignment, lease, sublease or financing of real property of kind or of interest therein on basis of race, color, religion, national origin or ancestry must first approved majority of electors voting on question @ regular or general election before said ordinance shall effective. such ordinance in effect @ time of adoption of section shall cease effective until approved electors provided herein. akron city charter § 137.



court complaint

appellant brought action in ohio courts on behalf of municipality, herself, , others situated, obtain writ of mandamus requiring mayor convene commission , require commission , director of law enforce fair housing ordinance , process complaint thereunder regard unsuccessful attempts purchase house through real-estate agent.

first trial court decision

the trial court held enforcement provisions of ordinance invalid under state law.

however, supreme court of ohio reversed , remanded. (state ex rel. hunter v. erickson 6 ohio st 2d 130, 35 ohio ops 2d 151, 216 ne2d 371 (1966)).

second trial court decision

on remand, trial court held fair housing ordinance had been rendered ineffective subsequent amendment of city charter provided ordinance enacted city council dealing racial, religious, or ancestral discrimination in housing not effective unless approved majority of city voters @ regular or general election, , such ordinance in effect @ time of charter amendment ceased effective until approved voters.

the trial court denied appellant s housing discrimination complaint, holding fair housing ordinance rendered ineffective charter amendment.

ohio supreme court

the supreme court of ohio affirmed trial court s ruling city s fair housing ordinance rendered ineffective charter amendment, holding charter amendment not repugnant equal protection clause of united states constitution. (12 ohio st 2d 116, 47 ohio ops 2d 100, 233 ne2d 129).

certiorari , arguments

the case argued on november 13, 1968.