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The Georgia Supreme Court last week gave new hope to a local voting effort led by members of Sapelo Island, Georgia’s Gullah-Geechee community. The initiative seeks to overturn a zoning change that group members say will force them from their homes. Bailey v. McIntosh County The case clarifies the scope of local direct democracy rights, which the state Supreme Court first recognized in 2023. The case is also a striking example of how voter initiatives can be a tool for communities excluded from political power.
The Gullah Geechee are descendants of freed slaves who lived in long-isolated islands and coastal communities in the lowlands from North Carolina to Florida. The Gullah Geechee community has developed a unique tradition that retains many elements of West African cuisine, crafts, and folklore, as well as a unique Creole language called Gullah. But over time, many of these settlements disappeared, at least in part due to a combination of trends: lack of investment, gentrification, and climate change.
One of the last Gullah-Geechee communities in the country, called Hog Hammock (or Hog Hammock), has between 30 and 50 residents and is located on less than a square mile of land on Sapelo Island. Hog Hammock is part of McIntosh County and has more than 11,000 residents, more than 60% of whom are white.
In recent years, Hog Hammock residents have expressed concerns about housing affordability, pointing to the influx of vacation homes in the community. These concerns came to a head in 2023, when McIntosh County commissioners voted to change the zoning ordinance governing Hog Hammock, more than doubling the maximum allowable home size from 1,400 square feet to 3,000 square feet.
The move sparked fierce opposition from many Gullah-Geechee residents, who argued the changes would lead to increased taxes that would encourage more vacation homes and pressure residents to sell their land. “We don’t need someone to lecture us about the culture of Sapelo Island. If you don’t like these outsiders, if you don’t want new houses being built… just don’t sell the land,” the county commission chairman told The Associated Press.
That could have been the end of the story, but earlier that year, the Georgia Supreme Court breathed life into a long-ignored provision of the Georgia Constitution: the Home Rule Clause. Introduced in 1966, the provision includes a subsection stating that “the repeal of any ordinance, resolution, or regulation” passed by a county “may be initiated by petition.” in Camden County v. Sweatthe Georgia High Court held that the sentence clearly meant what it said. However, before that, sweatshirt, Although direct democracy has never been used to repeal county ordinances in Georgia, the court has determined that bylaw provisions permit such voter-initiated ballot measures.
Relying on the Home Rule provision, Hog Hammock residents and other supporters collected more than 2,300 signatures from registered voters in support of a referendum to repeal the zoning ordinance. The special election was scheduled for Oct. 1, 2024, but the county filed a lawsuit and a state Superior Court judge halted the referendum even though early voting had already taken place. The court ruled that the county’s zoning authority comes from a separate section of the Georgia Constitution and does not provide for citizen initiative. (The court also temporarily blocked enforcement of the new ordinance to allow for appeal.)
The Georgia Supreme Court reversed the lower court’s decision in a unanimous decision. The report concluded that provisions in the Home Rule provide for the county’s authority to pass zoning ordinances, meaning such ordinances could be repealed by a voter-initiated ballot measure established in 2016. sweatshirt. and as follows sweatshirtThe court relied on thorough textual analysis, including a comparison of how the Georgia Constitution’s treatment of internal policy and zoning powers evolved as the state adopted new constitutions in 1966, 1976, and 1983 (the last constitution still in effect).
This is one of many legal battles Hog Hammock Gullah Geechee residents have fought in recent years. Residents have previously challenged property tax increases that led to temporary freezes and won access to services like trash collection and firefighters for their communities. They also challenged McIntosh County’s zoning ordinance on state and federal constitutional grounds. “We’re still fighting all the time,” Maurice Bailey, a longtime Hog Hammock resident, told The Associated Press. “They don’t stop. The people who migrate don’t respect us as human beings. They love our food, they love our culture. But they don’t love us.”
It remains to be seen whether the city planning ordinance will ultimately be rejected at the polls. But it is now clear that direct democracy is another legal option for Hog Hammock residents seeking to maintain their own community.
Alicia Bannon is the editor-in-chief state court report. She is also the director of justice programs at the Brennan Center for Justice.
