January 18, 2007
MONTGOMERY -- The American Civil Liberties Union of Alabama expressed serious concerns today about the constitutionality of a Pelham housing ordinance that goes into effect this week. The ordinance singles out residents of rental property, who have not been accused of any crime, and requires their names to be collected on a registry and made available to law enforcement at any time. The ordinance, adopted by the Pelham City Council on January 8, raises fundamental constitutional questions of privacy and equal protection.
The right to privacy individuals possess in their personal information, such as the disclosure of home addresses, is a fundamental liberty interest. Although cities have broad authority to enact zoning laws, this power is not without limit. Pelham ordinance #429 infringes on renters’ privacy rights in their most intimate relationships, their relationships with spouses, children, parents, and other family members.
In addition to the registration requirements, the ordinance limits the number of adults who can occupy a bedroom in a rental property to two. Although the City Council’s asserted goals of preventing overcrowding and preserving public health are important, there is no rational reason for singling out renters and treating them differently from property owners. The city of Pelham has other means of achieving its objectives, including limiting the number of people who can live in residential structures of a certain size regardless of whether the residents are renters or owners. The Pelham City Council should rescind this constitutionally flawed ordinance.
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