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12 Berkeley J. Afr.-Am. L. & Pol'y 145 (2010)
The Legal Creation of Raced Space: The Subtle and Ongoing Discrimination Created through Jim Crow Laws

handle is hein.journals/afamlpol12 and id is 149 raw text is: The Legal Creation of Raced Space: The
Subtle and Ongoing Discrimination
Created Through Jim Crow Laws
Frances L. Edwards* and Grayson Bennett
Thompson, AIA**
1. INTRODUCTION
Jim Crow Laws codified discriminatory practices and provided the legal
framework necessary for the unequal treatment of African Americans. This
inequality was pervasive, and extended to the way individuals lived and
functioned within society. Discrimination always has a direct impact on
architecture, because architecture is used to manifest physically differential
treatment. During the Jim Crow Era, the legal system set up an environment
that, when combined with the creation of certain uses of space within
architectural designs and outcomes, produced an incredibly segregated society.
Jim Crow Laws defined property rights and restricted the use of architectural
space for both White and African Americans.     As a result, these laws
intentionally, yet subtly, created a kind of raced space. This segregated use
of space ensured that White Americans were treated in a superior manner not
only in their neighborhoods, but also in schools, restaurants, and a myriad of
places in their communities. This in turn created persistent and pervasive
discrimination against African Americans. Although the courts finally struck
down Jim Crow Laws,' the physical consequences of the Jim Crow Era endure
throughout American society.
Pendleton, South Carolina was one of the many towns in the South that
2
adopted its own Jim Crow Law, The Town of Pendleton Ordinance of 1913.
*   J.D. University of Kansas, 1980. Associate Professor, School of Accountancy and Legal
Studies, Clemson University, Clemson, South Carolina. Many thanks to Meghan Gordon and the
members of BJALP for their help in editing this article.
** M.A. Architecture, Clemson University, 2003. Principal, AAG Associates, Beaufort, South
Carolina.
1. Brown v. Bd. of Educ., 349 U.S. 294 (1954).
2. Pendleton, S.C., An Ordinance For Preserving Peace, Preventing Conflict and Ill-Feeling
Between the White and Colored Races in the Town of Pendleton, and Promoting the General
Welfare of the Town by Providing, so far as Practicable for the Use of Separate Blocks for

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