Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.

CONSTITUTIONAL LAW PROBLEM SET – EQUAL PROTECTION CLAUSE

Howard County has a culturally diverse population whose racial composition is reflected proportionately in the makeup of its county council and the county executive is an African American person. Based upon a study showing that older homes with lead pipes are one of the primarily reasons for water pollution in the county, the county council unanimously passed a law that imposes an annual environmental impact fee for homes built prior to 1970 unless the homeowners provide proof of the pipes being replaced.

Although every council member went on record in support of the legislation on the grounds it would protect the environment, and no other reasons or statements were offered in support of the law’s enactment, it has become evident that the law disproportionately burdens historically disadvantaged racial minorities in communities with dense housing stock built before 1970. A coalition of these disproportionately impacted minorities have filed a lawsuit in Federal Court on grounds that the new law violates the Equal Protection Clause of the Fourteenth Amendment.

Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.