George L'Hote and the Church Extension Society of the Methodist Episcopal Church, Plffs. In Err. v. City Ofne W Orleans

1900-05-14
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Headline: City may limit where prostitutes live; Court upheld New Orleans ordinance confining houses of prostitution to set districts, even though nearby homeowners and a church may suffer losses in property value.

Holding:

Real World Impact:
  • Allows cities to confine where prostitutes may live within set districts.
  • Homeowners and churches nearby may see property values fall without compensation.
  • Private nuisance claims remain available to neighbors if specific harms occur.
Topics: prostitution rules, local government power, property value impact, neighborhood safety

Summary

Background

A New Orleans resident who owned a home and a church group sued to stop a city ordinance that limited where women described as public prostitutes or "notoriously lewd" could live. The homeowner said the change would force such women into his neighborhood, lower property values, and make his house unfit for his family. The church said the ordinance would harm its congregation and school. Lower courts disagreed, and the city’s ordinance was ultimately challenged up to this Court.

Reasoning

The Court asked whether the ordinance, which confines where such women may live, violates the U.S. Constitution. It noted no woman subject to the rule sued, and the law does not give license to run brothels or to act publicly in ways that disturb peace. The Court explained that local governments have authority—often called the police power—to protect public health and morals, and that incidental financial harm to property owners does not automatically make such regulations unconstitutional.

Real world impact

The ruling means cities can set geographic limits on where prostitution-related activity may occur without owing owners compensation simply because nearby property values fall. Owners and churches may still try private nuisance claims if a particular house actually causes specific harms. The judgment leaves the basic city power to regulate locations for vice-related activities intact and affirms the lower court’s decision.

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