Byron White

“ Akron has adopted the referendum system because its citizens believe that whenever an action of the City Council raises the emotional opposition of any significant group in the community, the people should have a right to decide the matter directly. ”

“ Akron has already provided a procedure, which is grounded in neutral principle, that requires a general referendum on this issue if 10% of the voters insist. If the prospect of fair housing legislation really arouses passionate opposition, the voters will have the final say. Consequently, the charter amendment will have its real impact only when fair housing does not arouse extraordinary controversy. ”

“ Most laws which define the structure of political institutions, however, fall into a second class. They are designed with the aim of providing a just framework within which the diverse political groups in our society may fairly compete and are not enacted with the purpose of assisting one particular group in its struggle with its political opponents. Consider, for example, Akron's procedure which requires that almost any ordinance be submitted to a general referendum if 10% of the electorate signs an appropriate petition. ”

“ The Akron charter obviously made it substantially more difficult to secure enactment of ordinances subject to § 137.
Only laws to end housing discrimination based on 'race, color, religion, national origin or ancestry' must run § 137's gantlet. It is true that the section draws no distinctions among racial and religious groups. Negroes and whites, Jews and Catholics are all subject to the same requirements if there is housing discrimination against them which they wish to end. ”

“ Similarly, the rule which makes it relatively difficult to amend a state constitution is commonly justified on the theory that constitutional provisions should be more thoroughly scrutinized and more soberly considered than are simple statutory enactments. Here, too, Negroes may stand to gain by the rule if a fair housing law is made part of the constitution, or they may lose if the constitution adopts a position of strict neutrality on the question. ”

“ The automatic referendum system does not reach housing discrimination on sexual or political grounds, or against those with children or dogs, nor does it affect tenants seeking more heat or better maintenance from landlords, nor those seeking rent control, urban renewal, public housing, or new building codes. ”

“ Here, we have a provision that has the clear purpose of making it more difficult for certain racial and religious minorities to achieve legislation that is in their interest. Since the charter amendment is discriminatory on its face, Akron must 'bear a far heavier burden of justification' than is required in the normal case. ”

“ Likewise, insisting that a State may distribute legislative power as it desires and that the people may retain for themselves the power over certain subjects may generally be true, but these principles furnish no justification for a legislative structure which otherwise would violate the Fourteenth Amendment. ”

“ And Akron has failed o sustain this burden. The city's principal argument in support of the charter amendment relies on the undisputed fact that fair housing legislation may often be expected to raise the passions of the community to their highest pitch. ”

“ Hunter the agent 'stated that she could not show me any of the houses on the list she had prepared for me because all of the owners had specified they did not wish their houses shown to negroes.' Mrs. ”

“ The statute makes it unlawful to ' (p) rint, publish, or circulate any statement or advertisement relating to the sale (of a) * * * personal residence * * * which indicates any preference, limitation, specification, or discrimination based upon race * * *.' Ohio Rev.Code Ann. § 4112.02 (H) (6) (Supp.1967) . Since Mrs. Hunter does not seek commercial housing, or complain of the affront to her sensibilities of hearing a 'circulated' statement (if the Ohio statute goes that far) she cannot obtain the relief she seeks under the Ohio statute.↑ See, e.g., Evans v. ”