On April 18 bimonthly city council meeting, Oberlin City Council Vice Chair Bill Jindra read a proclamation marking the 40th anniversary of the judicial affirmation of Oberlin’s Fair Housing Ordinance. The local and statewide conflicts that ensured this law’s legitimacy constitute one of the lesser-known battles that have contributed to Oberlin’s reputation as a bastion of civil rights. Jindra issued the proclamation in the place of City Council Chair Daniel Gardener, who was absent from the meeting.

Oberlin’s Fair Housing Ordinance defines fair access to housing regardless of race as a civil right and prohibits discriminatory acts on the parts of owners, real estate agents and lending institutions who own, finance or represent more than five dwellings. It was the first fair housing law to be passed in the country and was a direct predecessor of a similar law affecting the entire state of Ohio. The Oberlin Fair Housing Ordinance was appealed to the level of the Ohio Supreme Court before finally taking effect, and it was affirmed with very little negative response.

Oberlin Human Relations Committee member David Ashenhurst spearheaded the inclusion of the proclamation in Monday’s meeting in order to propagate a public “history lesson” and commemorate both the “city council’s courage in making the law and defending it” and “the whole interaction between citizens, advocates and the council itself” in creating the original ordinance.

The Oberlin City Council initially looked into the creation of a Fair Housing Ordinance due to the allegedly discriminatory practices of the developers of the Willowbrook Farms housing complex. A group called The Jones Committee was formed to evaluate the threat of housing discrimination in Oberlin and to recommend the creation of a fair housing law. A subsequent body, the Simpson Committee, engineered the original Ordinance, which was approved by the Council on November 20, 1961 in a 4-2 vote.

Retired bank president Ira Porter filed suit over the constitutionality of the new Ordinance, and over the next three and a half years, Oberlin’s groundbreaking approach to equality in housing became a fixture in the Ohio judicial system. Porter v. Oberlin was decided in favor of the plaintiff in the county court of common pleas and appealed to the Ninth Judicial District court of appeals. Contrary to the lower court’s decision, the district court of appeals ruled that Oberlin’s Fair Housing Ordinance was constitutional.

In 1965, the Ohio Supreme Court heard Porter v. Oberlin. According to Ashenhurst, two amicus briefs were filed with the court: one from the Ohio American Civil Liberties Union on the side of the defense and one from the Ohio Board of Realtors on the side of the plaintiff.

In their decision, the justices declared a minor enforcement-related portion of the Ordinance unconstitutional but affirmed the constitutionality of the law’s fair housing requirements. This decision paved the way for future fair housing legislation throughout the country and affirmed Oberlin’s identity as a community committed to issues of social justice.

Gardner reported that Monday’s proclamation is meant to call attention both to the anniversary and to April’s status as “Fair Housing Month.” He also called for “organizations and individuals to promote education about issues of fair housing.”

Ashenhurst echoed Gardner’s appeal to Oberlin citizens to become aware of both the Ordinance’s historic significance and its continued operation to this day. The Human Relations Commission of which he is a member continues to hear complaints of discrimination made illegal under the Oberlin Fair Housing Ordinance.