Yesterday during the LA City Council’s discussion of the eviction moratorium Marqueece Harris-Dawson quietly made a really important and really radical point when questioning the deputy city attorney in attendance. He asked her if the law would mean that a landlord could evict a tenant for any reason “and [the City of Los Angeles will help [them].” She responded that “the City would be permitting that to happen.” The difference of course is that in MHD’s version the City plays an active role, the role of violent enforcer,² whereas in the DCA’s version the City is like a passive referee, whose role is merely to regulate voluntary transactions between private parties.

He’s right, of course, and she’s lying. And I don’t mean she’s mistaken. The principle MHD is referring to is well-known to lawyers. It’s the principle on which the Supreme Court decided Shelley v. Kraemer. This is popularly known as the case which outlawed racial restrictions in real estate transactions, but that’s not exactly right. What the case did was outlaw government enforcement of racial restrictions in real estate contracts. Without state enforcement, which necessarily means violent enforcement, racially restrictive contracts, many of which still exist, are meaningless.
Continue reading →