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The Color of Law A Forgotten History of How Our Government Segregated America by Richard Rothstein (z-lib.org).epub

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that the decision was at least in part racially motivated, if not

entirely so.

p. 120, 1 Although California had no open housing law at the time, Brown

may have relied on the equal protection clauses of the state or

federal constitutions, or perhaps on an argument based on two

earlier California Supreme Court rulings (e.g., James v. Marinship

1944, 739) that racial discrimination is “contrary to the public

policy of the United States and this state [and that the] United

States Constitution has long prohibited governmental action

discriminating against persons because of race or color.” Brown’s

complaint, however, never got to the stage of an actual filing.

p. 120, 3 In 1950, a provision permitting FHA insurance of loans to

cooperatives was added to the National Housing Act, and in 1959

projects that were originally constructed as separate units were

permitted to convert to co-ops and gain the benefits of the lower

rates that followed from FHA endorsement. It was to take

advantage of this provision that the UAW converted its Sunnyhills

project to a cooperative. It is unclear why the FHA was willing to

support integrated developments if they were organized as co-ops

but not if they were individually owned. Section 213 was designed

to encourage construction of lower-cost units for working-class

families. Perhaps the FHA was willing to tolerate integration in

lower-priced working-class developments from a belief that such a

policy would not undermine its promotion of segregation in more

middle-class suburbs. More likely, I think, is that administrators of

Section 213 projects, favorable toward cooperatives, were more

liberal on racial issues than administrators of the regular FHA

program, who mostly came to the government from the real estate

industry. In earlier years, when the FHA refused to endorse

integrated co-ops (as in the case of the cooperative that Wallace

Stegner helped to lead, or the co-op that Lombard, Illinois, families

tried to establish), the cooperatives had to appeal to regular FHA

administrators. Now, in the 1950s and 1960s, they had a special

group within the FHA to which their banks could apply.

p. 121, 1 Milpitas Post 1955 or 1956.

p. 121, 3 Theobold 2004; Smith 1967, 600; Reagan 1967, 592. The

Trailmobile plant moved from Berkeley to Fremont, a town

adjacent to Milpitas. The plant manager’s explanation for not

hiring African American workers may not have been well founded.

The general counsel of the U.S. Commission on Civil Rights asked

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