Leah Rothstein

In Just Action: How to Challenge Segregation Enacted Under the Color of Law, Richard and Leah Rothstein examine the policies at the heart of residential segregation, explore efforts to challenge those policies over the years, and posit possible solutions based on local efforts from throughout the United States as well as existing policies that – if properly enforced – could offer an avenue to redress segregation. They build upon Richard Rothstein’s earlier book, The Color of Law. As they explain, “The Color of Law recounted the unconstitutional fashion by which government at all levels created segregation. Just Action describes how we can begin to undo it” (p. 7). Discussing the scale of the problem, the Rothsteins write, “African American household wealth is only about 5 percent of whites’. The disparity largely stems from mid-twentieth-century government policy that subsidized the purchase of suburban homes by white working-class families. These properties subsequently appreciated greatly in value, while the same federal program prohibited black working-class families from gaining homeownership and equity in the same way” (p. 4). Further demonstrating the scale of segregation in the United States, they write, “Even a vigorously imposed ban of discrimination can do little to transform racial living patterns that were established fifty or one hundred years ago” (p. 5).

Summarizing prior legislation, the Rothsteins write, “While the Fair Housing Act of 1968 prohibits new acts of discrimination in the sale and rental of housing, even if it were well enforced (and it is not), a ban on future unlawful actions can do little to remedy the segregation and inequality of neighborhoods that already exist. It is a mostly empty gesture to tell black families, as the act does, that they now have the right to move into neighborhoods that have become too costly but were affordable when African Americans were excluded” (p. 41). The Rothsteins note that the Supreme Court may afford an opportunity to enact great changes, but that these changes should not rely upon a court that may issue a different ruling when new judges ascend to the bench. To this end, they advocate for localities pushing forward policies and programs even if they may face potential judicial review, noting that failure to act simply due to these fears does a disservice to those most in need of these policies. The Rothsteins write, “Public and private programs that are designed to redress past segregation should be the priority for civil rights advocates and be adopted, in disobedience of a Court that may later strike them down” (p. 47). They conclude, “As a democratic society, we should abandon entirely the notion of judicial supremacy and return to the principle upon which the nation was founded: three coequal branches of government” (p. 50).

Turning to zoning and property laws, the Rothsteins write, “The history of whites’ gains in property value makes it tempting to conclude that increased black homeownership is also the main way to close today’s wealth gap. It’s one way, but not the only one, and it cannot close the gap alone” (p. 64). They continue, “More than a century of discriminatory zoning policies in black neighborhoods have permitted nonresidential uses, such as industry and even toxic dumps, to be placed in many black areas. When they could, highway planners routed interstates through black communities, not white ones” (p. 65). Discussing the seemingly colorblind programs that reinforce segregation in their implementation, the Rothsteins write, “Banks’ use of scores to evaluate credit worthiness may not intentionally discriminate by race, but it’s discriminatory in effect” (p. 75). Addressing the creation of neighborhood identities, they write,“Once racial and class isolation becomes self-perpetuating and makes it even more difficult for us to come together, undermining our ability to forge a common national identity” (p. 84). The Rothsteins continue, “A healthy community that can sustain a common national identity is one where affluent, middle-class, working-class, and low-income families of all races and ethnicities have access to the same resources and whose children attend the same schools. This should be the aspiration of civil rights activists” (p. 89). They conclude of the risk that new policies might foster gentrification, “The challenge is to improve amenities so a neighborhood diversifies and strengthens economically, while preserving existing residents’ ability to remain in sufficient numbers that cultural characteristics and social networks of the community are not undermined. This requires place-based strategies to prevent the displacement of African American residents as conditions improve” (p. 89).

The Rothsteins list the important policies that activists must mobilize to ensure preservation of neighborhoods’ characters in the face of gentrification. They write, “These policies include inclusionary (mixed-income) zoning, rent control, prohibition of evictions except for just cause, prevention of security deposit theft, limits on condominium conversions, support for community land trusts, regulation of phony home sales, and property tax freezes” (p. 100). They propose new programs and an expansion of government powers to prevent segregation, writing, “No policy can force a building owner to remain in business. If one chooses to get out and cannot find a buyer who will pay a fair price and maintain regulated rent levels, a city should purchase the building at that price, effectively turning the rent-controlled building into public housing until it finds a new buyer. This has never been done, but it should be” (p. 112).

The Rothsteins describe how the lack of any justice only reproduces discrimination and makes it seem natural. They note that the real estate agencies, banks, and others who created housing systems in support of segregation have identifiable successor organizations that exist today and which have never faced accountability (p. 129). The Rothsteins write, “Once government and private businesses collaborated to establish neighborhood segregation in the twentieth century, policies and practices today can deepen that segregation, even without trying to do so. Seemingly race-neutral policies that intensify segregation have a disparate impact on African Americans – they discriminate in effect if not necessarily in intent” (p. 144). Both assessments and appraisals of Black-owned properties or in majority African American communities work to owners’ disadvantage, with those homeowners having less success in appealing the results than white homeowners with similar properties. Discussing the systemic failures that led Black homeowners to overpay, the Rothsteins write, “It is indisputable that African Americans are entitled to approximate recompense because they were harmed by the failure to conduct timely and accurate assessments” (p. 149).

Despite Kennedy’s 1962 order to for federal agencies to end discriminatory practices and the 1968 Fair Housing Act, “the courts… still consider it legal to maintain residential segregation with zoning, provided racial discrimination is not too explicit” (p. 171). The Rothsteins write, “Inclusionary zoning can be useful for desegregating white, affluent neighborhoods, but only if it is designed with this goal in mind. Local racial justice activists should make certain that their community’s inclusionary requirements serve this purpose” (p. 182). They caution, “Cleaning up behavior going forward can, at best, prevent segregation from deepening further, but past practices were racially explicit and generated huge profits. No corporations have acknowledged the need for equally explicit action of comparable size to remedy harms for which they bear responsibility. Certainly, government at all levels has a duty to lead” (p. 207). Proposing further actions that activists can pressure government and policymakers to take, the Rothsteins write, “The federal Department of Justice should ensure compliance with the Fair Housing Act. Its Civil Rights Division has an enforcement program that can conduct paired testing. The department does almost nothing with this authority. Considering how commonplace discrimination remains, this failure is shameful” (p. 212). They conclude with a reference to the effect of housing segregation on school segregation. The Rothsteins write, “School segregation makes neighborhood integration difficult, if not impossible, and neighborhood segregation makes school segregation inevitable” (p. 233). This trend supports the school-to-prison pipeline. The Rothsteins write, “A horrible consequence of school segregation is the harsher discipline of African American students, especially in more racially isolated schools” (p. 236). They conclude, “Communities conducting fair housing assessments should include in their analyses how school and neighborhood segregation are interconnected” (p. 240).

The Rothsteins’ Just Action is a critically important work, written for a wide readership committed to advocating for greater equity in their neighborhoods. It offers several policy proposals, outlining the steps others have taken around the county and describing how people may apply those actions in their own communities. The Rothsteins detail historical trends, but only as necessary for readers to understand how the policies they address developed over time with citations for those interested in further reading, but a style that is not overly-academic and thus makes their research more accessible to the people who most need to take these actions.… (plus d'informations)