In Sioux City, Iowa, zoning officials are planning to allow casinos to proliferate downtown. Many citizens have objected, but the city’s mayor responded, “I understand all their concerns, but if we’re going to want this in downtown Sioux City, we’re going to have to be flexible.”
Meanwhile, on the other side of the state, zoning officials in Waterloo are trying to shut down a proliferation of liquor stores. Said one resident who supports such controls, “I don’t see the point of having that many establishments, that many liquor stores in one neighborhood.”
In one instance, zoning laws have to be changed to allow for a desired business to operate. In the other instance, zoning laws have to be changed to prohibit undesired businesses. In both instances, zoning is used to achieve whatever “the people” want at any particular moment. In both instances, the law is flexible and malleable to “the will of the people.”
This is nothing more than mob rule. If the mob wants gambling, then the laws will be changed. If the mob doesn’t want liquor stores, then the laws will be changed. What was legal yesterday will suddenly become illegal tomorrow. How can any businessman operate in such an atmosphere? How can any individual plan his future when the laws are subject to such arbitrary changes?
These are not examples of a good law being used poorly. This is the nature of zoning–every zoning law on the books is subject to continual change and modification. Citizens across the nation regularly plod before zoning boards to seek variances, permits for non-conforming uses, and other exceptions to the zoning edicts. Using criteria which are never clearly defined or stated, the zoning boards will grant some requests and deny others. They will allow some to use their property as they choose, and they will smash the dreams of others.
The right to property means the right of use and disposal. It does not mean licking the feet of zoning officials and appeasing every noisy gang that wants a voice in how you use your property.