Dear John,

Last week, IJ secured two victories to help everyday Americans protect their property rights and pursue their dreams: one to free Nashville entrepreneurs to run small home-based businesses and another to allow residents of a Georgia town to build and live in affordable, small homes. 

In Nashville, Lij Shaw, a record producer, and Pat Raynor, a hairstylist, both ran harmless businesses from home. Both completed extensive renovations to ensure adequate soundproofing (for Lij) and to comply with Tennessee's health and safety standards (for Pat). And both had operated their businesses without any interference for some time before the city began threatening to fine and take them to court unless they closed up shop.    

Home-based businesses are booming throughout the country now, allowing the entrepreneurial spirit to thrive, promoting a favorable work-life balance, and creating new jobs and services. But Nashville didn’t agree so Lij and Pat teamed up with IJ and the Beacon Center of Tennessee to challenge the city’s near total ban on receiving clients at a home business.  

During the pandemic, the city relaxed some of the restrictions on Lij and Pat’s business, but other more favored types of home businesses faced far fewer limitations. Now, a state appeals court has struck down Nashville’s burdensome zoning restrictions on Lij and Pat, writing that the city “offered no rational reason for the difference in treatment.”

Record producer and IJ client Lij Shaw uses his soundproofed garage to record and mix award-winning music.

Three days later, IJ scored a pathbreaking win for market-driven, affordable housing and against restrictive zoning codes in Georgia.   

 The city of Calhoun’s poverty rate is more than twice the national average, and, like so many other places, home prices have skyrocketed in Georgia recently, putting housing out of reach for many people. After seeing Calhoun’s housing problem, Cindy Tucker started volunteering at Tiny House Hand Up (THHU) to help her neighbors achieve their dreams of homeownership.  

THHU plans to use eight acres of donated land to build a community of Southern-style cottages, each with 500 to 600 square feet of living space. THHU has it all planned out—they have the housing plans, support from a bank, and contractors ready to build at a moment's notice.   

The only problem? Calhoun bans the construction of homes less than 1,150 square feet.  

Small homes are perfectly safe to live in. The reason for Calhoun’s ban on small homes is obviously to keep out so-called “undesirable” people who could afford to buy them. 

After a brief trial, the judge ruled in favor of Cindy and THHU straight from the bench, stopping the town from arbitrarily restricting the building of safe, affordable homes. This decision is a big deal. Absurd minimum-square-footage requirements are on the books in many places, and they are a huge impediment to building more affordable housing like the kind our clients want to construct. So, look for IJ to carry this precedent to many other jurisdictions.

Our supporters help us free Americans to use their property in ways people always have: to earn a living, help others, or just have a comfortable (even if tiny!) place to live. Become an IJ donor today!

Scott

Scott G. Bullock
President and Chief Counsel
Institute for Justice