Navigating the complexities of urban development, it's not uncommon for new regulations to render existing structures non-compliant overnight. For instance, when the International Code Council released its 2018 updates, numerous buildings suddenly fell short of the latest standards. To mitigate this, governments often employ what is a grandfather clause—an exemption that spares current owners from the burden of immediate compliance. This clause ensures that while a historic eatery may operate under old codes, any new establishment must adhere to the stringent, current safety regulations.
A grandfather clause may also extend to private home ownership and zoning. If a new zoning regulation called for 10 feet of clearance on all sides, it would not be practical to physically move all of the current homes built before the zoning change. A grandfather clause would allow exemptions to homes built before the zoning change went into effect. It is important to note, however, that not all contingencies are automatically covered by a grandfather clause. Some changes require everyone affected by the law to take action, regardless of the age or condition of their home.
The current usage of the term grandfather clause is fairly benign, but the history behind the phrase is not. The original grandfather clause concept arose during the segregationist Jim Crow period following the Civil War. In an effort to discourage African-Americans from voting, laws were enacted in certain southern states which restricted voting rights to those who could prove an ancestor had legally voted before 1857. Since slaves could not legally vote before the Civil War years, their descendants were also deemed ineligible. Jim Crow voting laws were eventually struck down, but the idea of a grandfather clause remained.
For the most part, a grandfather clause benefits those who would otherwise face financial or personal hardship under new regulations. Occasionally, however, the practice has been used to allow unsafe businesses to continue operating without new oversight. Lawmakers must walk a line between the interests of the business community and the interests of private citizens. Grandfathering may not remove a current point of contention, but the new laws and regulations can make sure it is the last of its kind.
