Scholarship on urban planning, which describes the history of city-building, is rife with tales of physical exclusion.16 And although the law has addressed the exclusionary impacts of zoning ordinances and restrictive covenants, courts, legislatures, and most legal scholars have paid little attention to the use of less obvious exclusionary urban design tactics.
Further, it considers the ways in which the law views and treats the exclusionary effects of these seemingly innocuous features of the built environment—which the Article terms “architectural exclusion”—as compared to more traditional and more obvious exclusionary practices.
Although exclusion is perhaps the most important stick in the bundle of property rights, and although certain forms of exclusion can have beneficial results,18 this Article focuses on forms of exclusion that result in discriminatory treatment of those who are excluded.
I am grateful to Dmitry Bam, Justin Steil, Dave Owen, Florence Wagman Roisman, Robin Malloy, Zach Heiden, Anna Welch, Aaron Perzanowski, and Jim Kelly for their helpful comments.
Special thanks to Patrick Lyons and Anthony Aloisio for excellent research assistance.