Author Archives: legallysociable

Lawsuit over “super-majority white neighborhoods” in Atlanta suburbs

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Atlanta is often held up as an example of Southern sprawl. The Atlanta Journal-Constitution reports on a new lawsuit filed against some recently created suburban communities north of Atlanta:

The Georgia Legislative Black Caucus filed a lawsuit Monday against the state of Georgia seeking to dissolve the city charters of Dunwoody, Sandy Springs, Johns Creek, Milton and Chattahoochee Hills…

The lawsuit, filed in a North Georgia U.S. District Court Monday, claims that the state circumvented the normal legislative process and set aside its own criteria when creating the “super-majority white ” cities within Fulton and DeKalb counties. The result, it argues, is to dilute minority votes in those areas, violating the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments to the Constitution…

Sandy Springs, created in 2005, is 65 percent white and 20 percent black. Milton, formed a year later, is 76.6 percent white and 9 percent black. Johns Creek, also formed that year, is 63.5 percent white and 9.2 percent black. Chattahoochee Hills, formed in 2007, is 68.6 percent white and 28 percent black, while Dunwoody, created in 2008, is 69.8 percent white and 12.6 percent black.

Emory University law professor Michael Kang said the case is unique because the Voting Rights Act focuses on redistricting, whereas this lawsuit challenges the legality of cities. Kang, who has not reviewed the case in its entirety, said the plaintiffs will likely have to show evidence of discriminatory purpose to have a strong claim. Kane said the case has interesting implications.

“If we look at this realistically, there is some white flight going on. The creation of these Sandy Springs-type cities enables white voters to get away from black voters,” he said. “It does strike me that the Voting Rights Act might have something to say about this, but it’s unknown what the courts will say about it.”

There is little doubt that there are exclusionary practices that take place in suburban communities, whether this is through zoning for particular uses (typically to avoid apartment buildings or lower-income housing – read about a recent debate over this in Winnetka, Illinois) or high real estate prices.

But the idea that incorporation itself is exclusionary is an interesting idea. Certainly, this is done along class lines: wealthier communities have incorporated in order to help protect their status and boundaries. Cities and suburbs have a long history of annexation in order to expand their own boundaries and their tax base (see this argument that Detroit should annex surrounding areas to help solve some of its problems). But was this done intentionally in regards to race (as opposed to just class or other issues) in these Atlanta suburbs? And what sort of evidence would a court find persuasive in this argument?

The sociological pitch for the Oakland A’s: green-collar baseball

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We have blue-collar, white-collar, and pink-collar. In time for Opening Day of the 2011 baseball season, how about “green-collar baseball“:

There’s a sociological genius at work in the Oakland Athletics marketing department. The current slogan for the franchise, “green collar baseball,” speaks volumes about the culture of the bay area, and why I have become such a devoted fan of the Oakland A’s…

Across the Bay Bridge, you’ll find a better stadium (AT&T Park), a team with a higher payroll, fancier concessions, and fancier fans. You’ll find doctors, lawyers, and San Francisco techie types taking in an afternoon game, reveling in the see and be seen crowd. On the San Francisco side, baseball is very much en vogue. If you search hard enough, you might even find a fan in the crowd who can tell you what a change-up is or explain the infield fly rule.

Trot back over to the Oakland side, and you’ll see where that marketing slogan is coming from. The Oakland Coliseum is clearly a Soviet spin on the baseball stadium, a concrete gulag if there ever was one. The concession options are minimal, the team operates on a shoestring payroll, and the fans are decidedly less cosmopolitan.

All these shortcomings are what bring me to love the authentic experience of Oakland Athletics baseball, and loathe the corporate, plasticized feel of the Giants. There’s an old Taoist saying that it’s “better to be alive in the mud than dead in the palace.” Count me as one who’s happiest to feel alive in the mud of the Oakland A’s.

Having spent time watching both the San Francisco Giants at AT&T Park and the Oakland Athletics at Oakland-Alameda County Stadium, I have a few thoughts on this subject:

1. There is no comparison in stadiums: AT&T Park is nice and has great views while the A’s play in a concrete circle. One website goes so far as to say that the A’s stadium “represents everything that’s wrong with baseball stadiums.”

2. The two teams do seem to have differences in the number of fans: AT&T Park is regularly full while the A’s struggle to even fill the bottom portion of the stadium, even when the team was good in the early 2000s.

3. Both teams have potential: the Giants, of course, won the World Series last year while the A’s seem to have put together a dark horse candidate to win the AL West based around young pitching (just like the Giants). The baseball in each place should be relatively similar.

4. San Francisco and Oakland are very different kinds of cities. Both have a grittiness to them but Oakland is known for crime and gangs while San Francisco has more glittering pieces. Ultimately, I think this is really what is behind this idea of “green-collar baseball”: Giants’ fans are painted as plastic because this is how Oakland residents view their neighbor across the bay. Oakland, both the city and its baseball team, are the underdogs, the team with a limited number of fans, limited funds, and a limited stadium. What is sociological about the use of this marketing slogan is that it invokes issues of social class and status.

I wonder if these sorts of descriptions only pop only in cities that have multiple franchises in the same sport. Almost the same argument occurs in Chicago: the Cubs fans are only at Wrigley Field because it is the cool thing to do while the White Sox fans are the working class people who really care about baseball.

April Fool’s prank in Evanston about snow removal sticker

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Municipal employees and officials are somewhat beholden to residents and their tax dollars. Therefore, it would be interesting to know the reaction of public officials to an April Fool’s prank regarding snow removal published yesterday in a community newspaper in Evanston, Illinois:

As WBBM Newsradio 780?s Mike Krauser reports, Evanston is dealing with a budget crisis, and a huge bill for the blizzard back on Feb. 2 and 3, which dumped 21.2 inches of snow on the Chicago area.

So, the Roundable reports, their solution is to charge for snow removal.

The Roundtable reports under the new plan developed by the city’s Snow Czar, Pearl Le Blanc, anyone who wants snow removed in front of their homes will be required to buy a “snow removal sticker.”

The plan was approved at a heated City Council meeting on April 1, the Roundtable said.

Residents who participate will rent orange traffic cones from the City of Evanston, and will affix daily snow removal stickers to the cones. The stickers will cost $2.25 per day, the Roundtable reported.

I would imagine that officials at City Hall might not have been too pleased at receiving phone calls from angry residents.

Is it too outlandish in these days of budget shortfalls to suggest that a community could increase revenue by requiring such a sticker?

“Peak bandwidth”

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Long-time readers of this blog know that we like to cover broadband and Internet issues wherever possible.  In the spirit of keeping everyone informed, I give you Public Knowledge’s  latest report, “Peak Bandwidth” (PDF):

Bandwidth was formed by the tech bubble of the late 1990s and is typically found in strands of “dark fiber.” The largest fibers are called “backbones,” many of which were discovered next to railroad tracks. Since then, smaller pockets of bandwidth have been discovered in “last miles,” in forms such as DOCSIS-enabled coaxial cable and FiOS brand fiber.

Increasing strains are being placed on our bandwidth reserves. “Hogs” such as young people and cord-cutters are placing an unbearable strain on our bandwidth supplies, and “over-the-top” service providers like Netflix, Skype, Amazon, and Google consume copious amounts of bandwidth free of charge, without providing any valuable services in return. In short, our tubes are being clogged with bits. While that may not seem like a major problem now, the long-term is bleak. We will look back fondly on the day our tubes were clogged. Once bandwidth is gone, it’s gone. Used up bits are gone forever. They don’t come back and can’t be replaced. As a result important marketing messages, ecards, and Facebook updates will be crowded out of the ever-shrinking supply of usable bits.

Hilarious, Public Knowledge.  And I think (hope?) you’ve made your point.

Elijah Anderson on “the cosmopolitan canopy”

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Sociologist Elijah Anderson, well-known for his books Code of the Street and Streetwise, talks about the idea of “the cosmopolitan canopy” (which is the title of his just-released book)

Yale sociologist Elijah Anderson writes about those parts of the American city that allow “complete strangers to observe and appreciate one another” across racial barriers. Anderson calls these spaces “cosmopolitan canopies,” and says they let ordinary people become amateur anthropologists, watching and, eventually, reaching out to people of whom they’d be more wary in other places. His broader question: can we encourage the growth of cosmopolitan canopies? Or do they only grow from the bottom up?…

Why do cosmopolitan canopies like Reading Terminal [in Philadelphia]work? (Anderson points to many others: parks, transportation hubs, sports stadiums, even the Whole Foods.) These are safe spaces, separate from the street, made warm and intimate by a shared experience — food, shopping, travel, cheering on a team. But there’s also an intangible ingredient: a mood, Anderson writes, of “civility” that allows people “to stretch themselves mentally, emotionally, and socially,” and to develop “the growing social sophistication that allows diverse urban people to get along.” Because they’re so hard to replicate, Anderson argues, they ought to be treasured and protected — and those of us who enjoy them ought to treat them “not as ‘time out’ from normal life but as a model for what social relationships could become.” That’s how cosmopolitanism spreads.

I may have to check out this book if only for Anderson’s thoughts on the Reading Terminal Market: I have been to this central Philadelphia location several times and it is indeed an interesting place. Between the mix of people and the various food offerings, it is a great place to people watch.

But I guess I will have to read the book to find out whether Anderson thinks the openness of such places is only available to regulars (as this article hints) or whether tourists and sporadic visitors can also participate in this different kind of place. Also, I would be interested in Anderson’s thoughts regarding whether these sorts of spaces can be intentionally constructed and whether these spaces are different when they are privately owned (this would get at some of the debates in sociology over “public spaces”).

The problems of classifying Hispanics in the Census

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A sociology professor talks about the different ways in which the Census has classified Hispanics:

Professor RUBEN RUMBAUT (University of California at Irvine): Race is one of three questions that has been asked in every census since 1790. So for 220 years, that person’s age, sex and race have been asked in a census. Age and sex have been measured in the same way for 220 years. Race has pretty much never been measured in the same way from one census to the next, suggesting this is not a biological given category but a social and legal and political construction whose meaning changes over time…From census to census, there are slight changes in wording, in instructions, and that end up making a significant difference in the actual responses that people gave.

The sociologist goes on to explain studies he has been a part of that show how immigrant groups differ in identifying themselves as white:

A colleague of mine and I since 1991 have directed the largest study of children of immigrants in the United States over time, looking at 77 different nationalities, including all of the ones from Latin America. And over time we have asked them separate questions about their ethnic identity and also a question about race. We also independently interviewed their parents.

Cuban parents, 93 percent of them, thought that they were white, but only 41 percent of their own children thought they were white; 69 percent of Nicaraguans, Salvadoran and Guatemalan parents thought they were white, but only 19 percent of their own children thought they were white.

These are quite wide differences. The Census is supposed to offer reliable and valid data over time but in this particular category, the Census has had difficulty.

Interestingly, the sociologist suggests there were experiments embedded in the 2010 Census in order to help solve these issues for the next Census:

Already in the year 2010, there were four experiments embedded in the 2010 census looking ahead at how to make changes for the year 2020. One of the things that are being considered, for example, is trying to create a single question that combines both Hispanic ethnicity and race into a single question.

I hadn’t heard anything about these experiments and I guess we’ll have to wait and see how this turns out. Whatever is decided, sociologists and others will have to find ways to put together the various measurements over the decades.

Patently ridiculous

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It’s April 1st, so the jokes are out in droves all over the web.  Groupon has decided to post a fake patent for April Fool’s Day joke:

The present invention relates to performing jocular and misleading activities on an unsuspecting individual during a limited timeframe and, in particular, the present invention relates to a perpetrator generating a false statement based on false facts and informing an unsuspecting
individual of the particular false statement, and deceiving the unsuspecting individual into a false belief that the false statement, if true, would have a detrimental effect on the unsuspecting individual. Then, prior to said unsuspecting individual realizing that the false statement is not accurate, the perpetrator announces, usually in a high decibel voice and within the limited timeframe, that the unsuspecting individual has been deceived or mislead.

Ha ha, but isn’t this a little too close to home?  Groupon is currently (counter)suing a small competitor named MobGob, as TechCrunch reported back in November.  For infringement of patent no. 6,269,343:

The present invention provides a method and system that allows sellers to communicate conditional offers to potential buyers. The conditions include prices that depend on the aggregate amount of goods or services that buyers collectively agree to purchase by a given time and date.

The invention facilitates “demand aggregation”, that is, aggregating demand by potential buyers (who may or may not know each other), for products offered by sellers. This invention allows sellers conveniently to offer “Demand-Based Pricing”, that is, prices which go down as the volume of units sold in any given offer goes up.

A seller can therefor offer volume discounts to buyers acting as a group, even when the buyers may not have any formal relationship with one another.

Telling jokes and aggregating buyers.  Maybe this is why we need patent reform.

Small but taxing

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Following up on Brian’s post yesterday on taxation, I just found a 3/29 Wall Street Journal story with some eye-opening tax numbers:

While it’s difficult for large businesses to keep abreast of changing regulations, small businesses pay a disproportionate amount to adjust to new rules. In general, the cost of tax compliance at smaller firms is $1,518 per employee, compared with big companies, which pay about $517 per employee, according to a 2010 study from the Small Business Administration’s Office of Advocacy. [emphasis added]

This throws a rather new light on the “benefits” of temporary, one-off tax breaks aimed at small businesses, doesn’t it?

In other tax news, “Tax Freedom Day” is April 12th this year, though this varies depending upon the tax burdens of your particular state of residence.  Congratulations to Mississippi, Tennessee, South Carolina, Louisiana, South Dakota, New Mexico, and West Virginia, whose residents are (statistically speaking) already through with taxes for the year!

The possible shifts in the foundations of tax bases

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Governments are dependent on tax bases for revenue. Hopefully, the tax base meets financial expectations and if things are going well, the taxes bring increased revenues, leading to more spending (and saving?) possibilities. But what happens when tax bases decrease?

This is an issue facing a number of government bodies and a number of taxes are affected:

-I was reminded of this again by this piece (h/t Instapundit) which suggests that increasing income taxes on the rich may not work out in the long run as economic troubles can greatly affect the incomes of the rich.

-Property taxes are affected by the assessed value of properties. If property values are down, such as in this economic crisis where it appears housing prices will be depressed for quite a while, then tax revenue may go down. (Or they may not – can local communities really afford to have less money coming in through property taxes?)

-So called “vice taxes,” on things like cigarettes, may be self-defeating: as people smoke less, the revenue will slowly dry up.

-The gas tax will be interesting to watch in future years: as the government pushes for more electric vehicles and with higher gas prices, this could mean that less gasoline is purchased. Money to pay for new roads and maintenance will have to come from somewhere.

A couple of questions about these different taxes:

1. Is the uncertainty about tax revenues in the last few years really that different from other points in history? If not, what have people done in the past?

2. Might we expect to see some major changes in taxation in the coming years as governments look for different (perhaps more stable?) or more sources of revenue?

3. How are sales taxes or VATs affected by economic crises?

(The realm of taxes is not my area of expertise but I do know the importance of some of this to communities: limited or decreasing property and sales taxes lead to big issues with budgets which then affect services which then angers residents.)

A few comments by Joel (3/31/2011):

One way that cities and states are seeking to increase collection revenues is through enhanced sales tax enforcement.  As Amazon is finding out, for example, governments have their ways of pressuring online retailers.

Of course, to a certain extent, this is simply turning into an arms race, with businesses increasing their lobbying budgets and hiring more tax attorneys.

Battle in Winnetka over affordable housing plan

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The community of Winnetka, Illinois is a northern suburb of Chicago that is quite wealthy: the Census says the median household income is $201,650 (in 2009 inflation-adjusted dollars). The Chicago Tribune reports on a recent debate over a plan to introduce affordable housing to the wealthy suburb:

Winnetka’s plan calls for a land trust to provide for-sale and rental property to those who make far less than the median household income of $201,650.

Under Winnetka’s proposed plan, owner-occupied units must be affordable to households earning at least $75,000. Rentals must be affordable to those earning at least $45,000 or more. Current residents and senior citizens would receive priority.

A lot of suburban communities talk about affordable housing but few propose plans like this. It would be interesting to know how the local government was able to even put this plan forward.

The plan itself describes the change that has occurred in Winnetka over recent years as the community has become even more exclusive:

Over the past several decades, Winnetka has become less diverse in age and income, and it contains a more transient population, according to the plan. The report states that Winnetka lost much of its housing market diversity with the demolition of older, smaller homes that were replaced with larger, more expensive houses. Between 1980 and 2000, the village also lost 262 rental units — a 38 percent reduction — due to the conversion of downtown apartments into commercial offices.

Between 1990 and 2000, the number of homes valued at less than $500,000 declined to 975 from 2,004, according to the report.

“Winnetka’s housing stock increasingly serves only one kind of resident — a family at the peak of its earning years and with school-age children,” the report states.

It sounds like teardowns have become quite an issue.

There has been some vocal opposition to the plan:

“There is plenty of affordable housing in neighboring communities,” said Carry Buck, chairman of WHOA, or Winnetka Home Owners Association. “Most people in Winnetka are conservative and they do not want more involvement from government.”

In a 25-page publication mailed to Winnetka residents last week, the homeowners association called the village Plan Commission’s proposal un-American, predicting it will lower property values, attract criminals and force residents to subsidize those who rely on “hand-outs.”

While this language might be more blunt than what one might typically find in such NIMBY debates, there are plenty of suburbanites who hold such views. Anything that might lower property values or might detract from the community that they bought into is seen as a threat.

The Tribune story suggests that an interfaith group is on the other side of the debate:

The lightning rod for complaints is the Interfaith Housing Center of the Northern Suburbs, a Winnetka-based nonprofit that supports the plan. The center, which advocates for fair and affordable housing and investigates housing discrimination complaints, is accused by WHOA of infiltrating village boards and commissions with “social engineers” who depend on federal funding.

Interfaith’s executive director, Gail Schechter, described the opposing arguments as absurd.

“Social engineering is what got us to look the way we do,” she said. “The way Winnetka looks today is not just pure market forces.”

Sociologists would tend to fall on this side: the suburbs were not just created by people voting with their dollars and feet. Rather, the whole suburban system is upheld by a massive system of government policy (building highways, promoting homeownership, tax breaks or incentives for developers and those with financial resourcse) and cultural values (emphasis on the single-family home and automobiles, an anti-urban bias, a desire to move away from problematic areas, etc.).

It will be interesting to see how this plays out. In my own research on suburban communities, I found such open debates (where each side clearly lays out their intentions and/or fears) to be relatively rare. Additionally, such debates are rarely just about particular development proposals; rather, they are about the broader character of the community. Here, it sounds like the debate is also about the image and status of Winnetka: is it just a upper-class suburb or should it be something different?