Supporters of Welcoming, Inclusive Neighborhoods in Arlington Suffered a Setback in Court

ArlingtonWINs was deeply disappointed by the recent decision of a Virginia Circuit Court judge to strike down Arlington's Expanded Housing Options ordinance (EHO).

EHO had legalized small missing middle homes throughout our residential neighborhoods. It was adopted by a unanimous vote of the Arlington County Board, after years of intensive study by county staff and tireless advocacy by county residents. A lawsuit from nine homeowners challenging EHO went to trial before a retired Fairfax judge, who had been appointed after all Circuit Court judges in Arlington recused themselves. Ruling from the bench in a short, unwritten decision, the judge looked past the many Arlington residents who support EHO, as well as the county officials who translated the will of those residents into public policy. Instead, the judge vindicated the gambit by a tiny minority of wealthy homeowners to achieve through the courts what they could not through the democratic process: maintain restrictive zoning laws that were created to segregate our neighborhoods and keep them exclusive.

ArlingtonWINS will not back down. Nor will the many Arlingtonians committed to ensuring that people from all walks of life can find homes in our neighborhoods. We fully expect that the Arlington County Board will appeal this incorrect, harmful decision without delay. More than that, we call upon the Arlington County Board to readopt EHO through an ordinance that addresses the issues identified by the judge's ruling. And we urge our Arlington legislative delegation to protect and expand local powers to right the wrongs inflicted by decades of exclusionary policies and open up housing opportunities in our neighborhoods.

As former President Obama said recently about the need for expanding housing opportunities: "We can't just rely on the ideas of the past, we need to chart a new way forward to meet the challenges of today." ArlingtonWINs will continue to work with county leaders to ensure that our neighborhoods fulfill the collective promise of Arlington as a diverse, welcoming community.

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Judge Issues Partial Stay of EHO Ruling

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Understanding the Ruling: Count by Count