American laws privileging driving, zoning, and differential effects

A law professor summarizes how American law reinforces driving in multiple ways:

A key player in the story of automobile supremacy is single-family-only zoning, a shadow segregation regime that is now justifiably on the defensive for outlawing duplexes and apartments in huge swaths of the country. Through these and other land-use restrictions—laws that separate residential and commercial areas or require needlessly large yards—zoning rules scatter Americans across distances and highway-like roads that are impractical or dangerous to traverse on foot. The resulting densities are also too low to sustain high-frequency public transit…

As a matter of law, the operating-speed method is exceptional. It enables those who violate the law—speeding motorists—to rewrite it: Speed limits ratchet higher until no more than 15 percent of motorists violate them. The perverse incentives are obvious. Imagine a rule saying that, once 15 percent of Americans acquired an illegal type of machine gun, that weapon would automatically become legal. Other legislation amplifies the harm from this method. In California, for example, cities are sometimes obligated by law to raise speed limits against their will, and local governments are barred from lowering them even for safety reasons. This occurs against a backdrop of radical under-enforcement of the speed limit nationally, and the widespread banning of proven but unpopular lifesaving technologies such as automated speed cameras.

Just as telling as what activities the law regulates is whose interests it seeks to protect. Dozens of our peer nations require carmakers to mitigate harm to pedestrians caused by their products. U.S. design regulations, however, require only measures that enhance the safety of car occupants. Just as SUVs are becoming taller, heavier, and more prevalent—and pedestrian fatalities are surging—U.S. regulators have not required carmakers to embrace those more comprehensive design standards. Instead, they’ve launched campaigns baselessly blaming pedestrians for their own deaths…

In a similar spirit, criminal law has carved out a lesser category uniquely for vehicular manslaughter. Deep down, all of us who drive are afraid of accidentally killing someone and going to jail; this lesser charge was originally envisioned to persuade juries to convict reckless drivers. Yet this accommodation reflects a pattern. Even when a motorist kills someone and is found to have been violating the law while doing so (for example, by running a red light), criminal charges are rarely brought and judges go light. So often do police officers in New York fail to enforce road-safety rules—and illegally park their own vehicles on sidewalks and bike facilities—that specific Twitter accounts are dedicated to each type of misbehavior. Given New York’s lax enforcement record, the Freakonomics podcast described running over pedestrians there as “the perfect crime.”

Several related thoughts after reading the plentiful examples:

  1. The first example provided involved single-family home zoning. Cars and homes are intimately linked in the United States and particularly in the suburbs.
  2. I would be interested to see more discussion of how the legal structures arose alongside the rise of driving in the United States. Was it a back and forth? Did the quick acceptance of driving push the legal system in certain directions or did early legal changes give driving a boost?
  3. The approach of this article reminds me a bit of The Color of Law with the emphasis on the legal system. And the overall argument seems to be that such laws force Americans into driving. But, are there precedent-setting legal cases that could reverse this? Does the legal preference for driving rise to the level of discrimination? A case could be made since driving is expensive and owning a reliable car and driving is related to class which in the United States is also tied to race. Homeownership helps build wealth for certain groups that own but could driving also do the same? Or consider spatial mismatch where jobs and economic opportunities might be hard to access without a significant drive via car.
  4. How might this change with driverless cars and autonomous vehicles? The current system seems to privilege drivers but what if there are not drivers but rather processors, companies, and vehicle owners?

Take a road trip to (downtown) Naperville

I found a suggested road trip to the suburb of Naperville, Illinois in a recent AAA magazine:

NapervilleRoadTrip

Several things strike me about this list:

1. All but one of the listed items to do is in downtown Naperville (with that other location almost out of the suburbs on the northwest side). This is a testament to the vibrancy and uniqueness of downtown Naperville.

2. Related to #1, all but one of the locations is walkable from the others. This is probably pretty unique in many American suburbs which are automobile dependent (as is the majority of Naperville).

3. What is missing from this list: Naper Settlement, the downtown shopping options, the rest of Naperville (see #5).

4. There is no mention here of proximity to Chicago. Naperville stands on its own with over 140,000 residents even though Chicago is accessible by car or train within roughly an hour. Would a road trip to a smaller and (perceived to be) safer location – a suburb – be more appealing to many Americans than a global city?

5. Does this accurately represent what Naperville is? On one hand, yes. The downtown features of Naperville represent a unique collection of recreational and consumer options within a suburban downtown. On the other hand, no. Naperville is a sprawling suburb marked by numerous subdivisions, strip malls, and lots of driving. Naperville is unusual both because of its downtown and its size and wealth with the latter two features perhaps not providing much appeal for a road trip.

Suggestion that tiny houses face snobbish responses because of links to lower classes

An overview of tiny houses in the United States (though no mention of how many there actually are) includes an interesting bit about social class:

But the main obstacle is a legal one: most municipalities and towns ban residents from living year-round in anything on wheels, and often have statutes requiring homes to be at least 900 square feet…

Historically in American culture, bungalows, caravans and mobile homes have a bad reputation — they are seen as badly made and decidedly lower-class.

But the Berriers’ home is impeccably decorated with a bathtub, a sunroom and a movie screen — no “trailer trash” here.

“There are preconceived notions. They haven’t seen it enough. It’s just something new. I think that’s the problem,” Berrier said.

This leads to a conundrum: if Americans love driving and homeownership, why do they dislike mobile or smaller housing so much?

The less positive reactions to tiny houses suggests it is not solely about owning a vehicle or home; the kind of vehicle or home matters. Driving is good but driving a nicer car is better. Owning a home is good but owning a bigger, more permanent home is clearly superior. Cars and homes are functional items and status symbols, important social markers of who a person is and desires to be.

A more functional approach to housing might be more open to tiny houses. People need a place to live at a reasonable cost? Affordable housing is scarce? Homeless people need residences? Let’s make it happen. Change zoning guidelines. Make it cool to downsize.

On the other hand, there are plenty of tiny house buyers who prefer getaways or luxury touches, not long-term housing in such a small size. It would be easy for the tiny house movement to be co-opted by those with resources and social status. Those people might be able to get tiny houses into certain places where they might otherwise not be allowed, but their motives would run against others who want tiny houses because of their reduced footprint and simpler lifestyle.

Separating the ills of suburbia from the ills of the United States

The critiques of the American suburbs are common and persistent. But, how many of them are unique to the suburbs as opposed to multiple American settings or American society as a whole? A thought experiment with a number of the ills of suburbia:

  1. Consumerism. Present everywhere with displays of wealth such as expensive housing, cars, and technological goods alongside just having a lot of stuff. Certain suburban symbols may catch attention – such as McMansions and SUVs – but these are present all over the place. Excessive or wasteful consumption is not solely an American problem.
  2. Sprawl. This may seem like a uniquely suburban problem. Yet, numerous American cities have varying levels of density and lots of single-family home neighborhoods (even if these homes are closer together).
  3. Driving. Suburbs may be more dependent or designed around automobiles but so are most American cities and urban neighborhoods. And  rural areas would be very different without widespread access to cars.
  4. Conformity. Mass culture is everywhere, even if cities are often regarded as having more diversity and cultural experiences. This is related to consumerism as many Americans are thoroughly immersed (just see the figures on how much media Americans consume a day).
  5. Inequality. Across categories of race, class, and gender, American communities of all kinds experience problems. They may manifest differently in each context but addressing inequality in the suburbs would not solve the problem in the entire country.
  6. Lack of true community. Social ties seem to be more tenuous across the United States as a whole and the influence of and trust in institutions of all kinds has declined. Americans are famously individualistic, whether in suburbs or other settings.

Another way to think about it: did these problems begin in suburbs or are they amplified or exacerbated by suburbs? Imagine the United States where only 30% of American lived in suburbs: might driving and sprawl still be an issue? Would the problems of inequality be alleviated?

Two data points in transportation change: NYC subway ridership peaks in 1946, US non-commuter rail traffic drops after 1945

That the automobile came to dominate American social life and physical spaces after World War II is clear in multiple ways but two recent points of data I saw helped drive this point home.

Start in an obvious place: New York City. On one hand, the use of mass transit in New York City is unparalleled in the biggest American cities. On the other hand, subway ridership peaked in 1946:

1946: Subway ridership peaks

Subway ridership has never been as high as it was in 1946, and a precipitous decline began in the late 1940s as automobiles became widely available. The busiest station in the system, Times Square, saw its ridership drop from 102,511,841 riders in 1946 to 66,447,227 riders in 1953. Subway expansion would become increasingly difficult to justify as New Yorkers were abandoning the existing system—even though outward expansion was just what was needed to keep the subway as the region’s primary mode of transportation.

To a less obvious place: Toledo, Ohio. In the late 1940s, the city proudly constructs a new train station amid a growing population and optimism about the future. And then train traffic fell off dramatically across the country:

In the 20 years following Toledo Tomorrow, non-commuter rail travel in the U.S. collapsed, falling 84 percent nationwide, thanks in large part to the airports and the ribbons of limited-access high-speed roads Bel Geddes had foretold. Five years after the new railroad station opened in Toledo, the New York Central put it up for sale. Eight years later, the Beaux-Arts Pennsylvania Station in New York City would be demolished; five years after that, the New York Central and Pennsylvania railroads combined to form Penn Central, then the largest merger in American history. It would become the largest bankruptcy in American history two years later.

There is little doubt that the car is a nearly essential part of American culture today but it was not always this way nor is it guaranteed to be in the future. Reversing or countering a major trend is always difficult, particularly when its tentacles are everywhere and embedded in infrastructure and culture. To truly move to other forms of transportation would require not just fewer cars and vehicles on roads but a massive reconfiguring of American society.

Consequences of an auto loan bubble

With more financing options available for purchasing cars, American driving is up:

By increasing access to cars, lax financing standards also appear to be contributing to a national rise in driving, and with it, declining public transit ridership. In the latest edition of its biennial survey of who’s riding buses and trains in U.S. cities, Transit Center, a public transportation research and advocacy group out of New York, notes that the share of households without vehicles fell 30 percent between 2000 and 2015, with foreign-born residents, who are more likely to earn lower incomes and ride transit, posting even sharper declines.

In the survey, respondents who reported decreasing their bus and train use overwhelmingly replaced transit with private cars. And almost half of respondents who said they’d purchased a car over the past two years received a loan to finance it. Of those, 56 percent said that getting a loan “was easier than they had expected.”

Of course, improved car access among lower-income groups might look to be a positive trend on its face, since a personal vehicle can equate opportunity. So strong is the historic link between car ownership and household income that a trio of transportation equity scholars recently called for subsidizing access to wheels for poor Americans. But fewer rides made by public transportation and more by private automobile is a trend with consequences that transcend the U.S. economy: It feeds the planet’s existential problem of rising carbon emissions, especially since SUV and truck sales have become particularly popular during this auto-loan boom. “The rise in auto debt is evidence that we’re dependent on cars in an unsustainable way,” said Cross.

The new high-water line of defaulted auto loans also suggests that personal vehicles aren’t always golden tickets. Instead, for Americans living paycheck to paycheck, they’re a catch-22: If you don’t have the money and can’t buy a car, you’ll struggle to make ends meet. And if you don’t have the money, but still buy a car, you’re liable to fall even further behind. Vehicles may be the table stakes for playing in the U.S. economy, but in so many ways, it’s getting harder to win.

As noted by many, just as homeownership came within the reach of more people in the 2000s due to creative lending options and subprime options, the same is true of the auto industry. Does this mean that a burst bubble in car loans – due to many people being behind on their vehicle payments – would cause Americans to rethink driving and the reliance on personal vehicles?

I would guess no. At this point in American history, the country is too far in on its dependence on driving. It is not just about driving to work; driving offers opportunities to access cheaper housing, independence for drivers compared to utilizing mass transit which works on consistent schedules and requires being around other people, and a host of consumer and recreational opportunities primarily accessible through driving (think big box stores, shopping malls, fast food places, road trips, etc.). This list does not even account for the auto industry and the construction industry which have huge stakes in more driving.

At the same time, while Americans have resisted public housing, would they be more amenable toward government help in obtaining or paying for cars? Few communities or government agencies have provided cars or money towards cars but it may be necessary in a society heavily dependent on getting around via a car.

 

#1 payment priority for Americans: car loan

In a country dependent on and built around driving, perhaps the importance of making car payments is not a surprise:

“Your car loan is your number one priority in terms of payment, “said Michael Taiano, a senior director at Fitch Ratings. “If you don’t have a car, you can’t get back and forth to work in a lot of areas of the country. A car is usually a higher priority payment than a home mortgage or rent.”

People who are three months or more behind on their car payments often lose their vehicle, making it even more difficult to get to work, the doctor or other critical places…

After the financial crisis, there were a lot of restrictions placed on mortgages to make it harder to take out a home loan unless someone could clearly afford to make the monthly payments. But experts warn that there are far fewer restrictions on auto loans, meaning a consumer has to be more savvy about what they are doing when they take out a loan.

This article made me think a little: does this mean that cars come before homes in the United States? This would counter my own claim that suburbs are more about single-family homes then they are about cars – see my rough rankings of Why Americans Love About Suburbs.

Yet, the suburbs existed before cars. By the early 1900s, suburbs existed and utilized transportation technologies like railroads and streetcars. Mass suburbanization certainly occurred on a different scale with the availability of cars in the 1920s and then after World War II. But, the United States would have had some form of suburbs and their emphasis on single-family homes without cars even if that was on a smaller scale.

The whole relationships between cars and homes was cemented in the postwar era when increasing sprawl really did limit other transportation options for many people. And the shift of jobs to the suburbs made this problem even worse. Perhaps we could shift the what-if scenario to the future: could the suburbs go on without cars (hard to imagine) or cars on without suburbs (probably)?