ABSTRACT
The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution restricts some local government land use regulation that discriminates between classes of people. This chapter begins with a historical discussion of racist land use regulation–including in the state of Florida. Then this chapter describes how to determine which standard of review–of strict scrutiny, intermediate scrutiny, and rational basis review–applies to an instance of discrimination. Finally, this chapter describes how to evaluate instances of governmental discrimination not based on class membership. This chapter includes the following two cases: Buchanan v. Warley and City of Cleburne v. Cleburne Living Center.
