and this brings us to the current situation where the supreme court is going to take a look at the “Disparate Impact” rule of the Fair Housing Act of 1968. What disparate impact rule does is keep people from trying to discriminate against protected groups in America though subtle means. In our society, racism is very subtle especially when it’s corporate. So instead of putting out a sign that says “whites only” in front of building, a landlord can simply refuse to entertain people with a “Black” sounding name. In doing so they can say that their screening process has nothing to do with race but yet their process negatively impacts Black people and under this rule would be considered illegal. Another example would be banks deciding to issue loans at a higher interest rate to people in a certain part of town and claiming that doing so has nothing to do with race when in fact they are well aware that said part of town is populated by mostly Black people. So again, not blatant, quite subtle but under the disparate impact rule illegal. The Supreme Court is set to hear arguments on the legality of this rule and, given their history of gutting civil right protections, could very well strike it down. If that happens, the flood gates of housing discrimination will be wide open and Black people, above all, are going to get hammered.
The case the Supreme Court will here is actually a great example of the subtle racial discrimination and racist practices the rule was made to fight. A Texas state agency awards low-income-housing tax credits to certain developers; a high percentage of this housing winds up being occupied by minorities. The agency, without giving a legitimate reason, granted the tax credits disproportionately to developers who own properties in impoverished, minority-majority neighborhoods. A fair housing group sued, insisting that the agency’s practices had the effect of keeping minorities trapped in minority communities while helping white communities keep minorities out. Simple. A subtle action was taken that had huge negative affect on minorities because where you live is everything in this country. From access to public transportation, healthy foods, clean air, emergency services, well resourced schools, playgrounds, cleanliness and etc are all affect by where you live and if an action is creating a circumstance that keeps a group of people locked in areas where those elements are below average, there’s a problem. Racism and discrimination in this country is subtle as fuck but that doesn’t mean it doesn’t exist and shouldn’t be fought. What the SCOTUS is going to do is anyone’s guess but I’m not optimistic. We could very well be looking at a long period where Blacks (as well as other minority groups) are going to be preyed upon more viciously than we’ve seen in a very long time.
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