General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAny zoning law experts around?
So not that I know much about it, but over the last few days I've done some research because of the claims I keep seeing here that you could restrict the opening of a given business if you didn't like the views of the CEO. Chick-fil-a or whatever it's called being the business people wanted to restrict.
I find no evidence that trying to do so would be lawful in any city or state, but I find all this Euclidian zoning etc, confusing.
elleng
(131,277 posts)would take some fancy writing.
2on2u
(1,843 posts)ewagner
(18,964 posts)No. You can't keep a business out unless you can prove that it is detrimental to the community...e.g. Strip Clubs can be zoned out NOT because of the acts of stripping itself but because of the noise, traffic, crime and peripheral businesses that could impact the community.
Chick-fil-a has grounds for a lawsuit.
patrice
(47,992 posts)Yo_Mama
(8,303 posts)The constitutional protections for free speech bar governments from engaging in viewpoint discrimination. Thus, even if one passed a law creating a "Rainbow zone", it would be unconstitutional.
Private entities are not forbidden from such exercises, so a privately owned mall could exclude businesses under such a charter. That's why homeowners' associations can do things that the government cannot.
ProgressiveProfessor
(22,144 posts)Kind of like mosques...
trof
(54,256 posts)Zoning laws generally cover broad categories.
We have an 'adult toys' store in our town that is roundly hated by many citizens and the town government. But they comply with the district zoning law.
(Neighboring businesses have erected (pun intended ) tall fences so patrons won't see the offending store.
What cities can do is use bureaucracies to greatly s-l-o-w the process for a business's license application, construction approval, etc., etc.
They can implement restrictions on certain kinds of business.
"No alcoholic beverage sales within ____ feet of a church or school."
(Aside: I'm not sure if these ordinances would stand up to the constitutional test if someone wanted to challenge them.)
Many time this makes the establishment of a business cost and time prohibitive.
Was this any help?
cali
(114,904 posts)appreciate the help.