It is said that a foolish consistency is the hobgoblin of a small mind. That is nowhere more apparent than with the Kentucky General Assembly and its occasional respect for local governance.
Lawmakers purport to respect “local control” and to value home rule — the idea that, within limits, communities and their local elected officials are in the best position and should have the flexibility and latitude to weigh and decide issues uniquely affecting quality of life in their communities. But when it comes to local decisions affecting Metro Louisville (and Lexington to a lesser extent), some in Frankfort seem all too willing to selectively override local authority and second-guess decision making by elected officials.
Tom FitzGerald
The late Howard Baker Jr., Tennessee congressman and later U.S. senator, often recalled his father’s advice which helped to make him such a successful moderate who helped navigate our nation through the difficult issues of his day: “Always go through life working on the assumption that the other guy might be right.”
Seemingly not afflicted by that assumption, the General Assembly has intruded into local governance issues in several ways this session.
Homelessness a problem? Frankfort knows best — just criminalize it.
Managing the most diverse and complex student body and school system in the Commonwealth? Frankfort knows best — just split it up.
Reforming zoning to make housing options more affordable and neighborhoods more diverse and vibrant? Frankfort knows best — just impose a selective moratorium on further action and order more studies.
Prevent landlords from discriminating against veterans and folks with fixed or lower incomes by categorically refusing housing assistance vouchers? Frankfort knows best — just preempt communities from addressing such invidious discrimination.
The most recent example is a Senate committee change to House Bill 388, adopted with no notice to the public, that would impose a one-year partial moratorium on residential zoning reform efforts that have broadly involved the public in Metro Louisville, blocking any changes to zoning regulations that might increase the allowed density of housing units per acre, or the number of inhabitants in a building. Exclusionary zoning has long been the handmaiden of racial and economic discrimination. This move to preempt local efforts to create more affordable rental and owner-occupied housing for a more equitable and vibrant land use future will accomplish little but to further fuel cynicism and disaffection with the legislature and government.
If Frankfort really believes that those who are closest to issues uniquely affecting their communities — their health, their safety, their quality of life— should be empowered to make those hard decisions, subject to the ballot box and constitutional limits, then it should stop enabling those who turn to Frankfort to override local government decisions with which they disagree.
Don’t impose selective zoning bans, don’t criminalize homelessness, don’t meddle in local school system management, don’t interfere with local air pollution control and solid waste planning, and by resisting the calls to do so, send a clear message of respect for the ideas of civic engagement and home rule. Embrace restraint and occasionally, even humility.
Otherwise, be prepared to become embroiled in micromanaging every local controversy, as befits an entity that believes it always “knows best.”
Tom “Fitz” FitzGerald is former director and currently of counsel to the Kentucky Resources Council, a non-profit Kentucky organization provided legal and technical assistance without charge on a rage of enviromental and energy issues affecting Kentuckians. This commentary first appeared in The Kentucky Lantern.
“Fitz” is right on target with his assessment of the General Assembly controlling by law actions of local governments to address their problems. If one examines the sponsors of these “Frankfort knows best” issues, you will find that primarily rural legislators are the culprits. And they don’t understand the challenges that officials in the big metro areas of KY face. The reality is that there is a serious urban/rural split in the Commonwealth. It might be a good idea in the legislativve interim that Sen,Majority leader Stivers and some of his colleagues hang around Louisville, Lexington, NKY for awhile and learn from the leaders in these areas what they cope with on a daily basis.