Hunter v. Erickson

393 U.S. 385 (1969)

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Nature of the Case

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Facts

This case involved attempts to overturn anti-discrimination legislation in Akron, Ohio. The Akron City Council, pursuant to its ordinary legislative process, had enacted a fair housing ordinance. In response, the local citizenry, using an established referendum procedure, amended the city charter to provide that ordinances regulating real estate transactions '`on the basis of race, color, religion, national origin or ancestry must first be approved by a majority of the electors voting on the question at a regular or general election before said ordinance shall be effective.' Akron now had a special procedure for approving ordinances related to the sale and leasing of real property on the basis of race, color, religion, national origin or ancestry. Most ordinances adopted by Akron become effective 30 days after passage subject to repeal by referendum initiated by 10% of the voters. Section 137 made the race ordinances above effective only if approved by a majority of electors voting at a general or special election. This action 'not only suspended the operation of the existing ordinance forbidding housing discrimination but also required the approval of the electors before any future [fair housing] ordinance could take effect. In essence, the amendment changed the requirements for the adoption of one type of local legislation: to enact an ordinance barring housing discrimination on the basis of race or religion, proponents had to obtain the approval of the City Council and a majority of the voters citywide. To enact an ordinance preventing housing discrimination on other grounds, or to enact any other type of housing ordinance, proponents needed the support of only the City Council.