Salt Lake Tribune
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Summit County's zoning laws are unfair and exclusionary
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Change only a few words and the Tribune's recent editorial attacking our law firm's suit against Summit County for violating fair housing laws could have been printed in the 1960s by a segregationist newspaper in the Deep South.

For example, the Tribune wrote that some Bluffdale citizens, where our lawyers successfully filed a similar suit, claimed that the outcome "wreaked havoc" with Bluffdale's plans to keep its community "pastoral." Substitute "white" for "pastoral" and the real sentiment behind the exclusionary zoning laws of Bluffdale and Summit County becomes apparent.

Two facts are indisputable. First, Congress and the Utah Legislature unequivocally prohibit discrimination in housing and require local governments to safeguard fair housing access and adopt plans to provide it. Second, Summit County (as Bluffdale before) is violating the rights of persons protected by these laws just as the local governments in the South violated the civil rights laws.

The county claims that it shouldn't be blamed because "85 percent of local governments" also violate the law. Try arguing that the next time you're caught speeding. That defense is even more shocking because it was offered by David Thomas, the deputy county attorney who is not only responsible for ensuring that the county complies with law but who is also a state senator sworn to uphold the law.

The Tribune's repetition of the county's other excuse constitutes editorial malpractice. The county spuriously claimed, and the Tribune repeated, without doing any factual due diligence, to have 1,800 current housing units that meet "federal fair-housing standards" with 600 more units approved.

That is simply false and impossible under the county's current zoning of one housing unit per 20 acres and the Tribune never bothered to check the facts. For example, in April of 2004 in a grant application, the county listed only approximately 300 units as "affordable housing" units, not 1,800. We challenge the county to demonstrate where these "affordable" units are and how they qualify as "affordable" for workers and their families making $20 per hour or less.

We are proud to represent the National Association for the Advancement of Colored People, La Raza, landowners, builders and others willing to stand up and fight for fair housing. Summit County is not above the law and we look forward to the opportunity to prove it. Fortunately, an impartial federal judge and jury will decide who is telling the truth.

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Michael L. Hutchings and Bruce R. Baird are attorneys in the Salt Lake law firm of Hutchings Baird & Jones.

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