The Coeur d’Alene City Council has voted to take property rights away from some of its home and business owners because, believe it or not, tearing down old buildings might make some people sad.
However, the Coeur d’Alene Press did not push that headline on its readers, instead offering that the council had voted to “protect history.”
The council voted 5-1 to put a 182-day moratorium "on demolition and moving permits and building permits for significant exterior alterations, for buildings, excluding residential, located in the Downtown Core Zoning District, and Downtown Overlay, Northside, and Downtown Overlay, Eastside, Districts and buildings listed on National Historic Register.” The stated intention is to keep old buildings from being razed to make way for newer ones.
Naturally, the action came with the usual “I support property rights” declarations from politicians and bureaucrats, followed by affirmative votes to deny people property rights.
Coeur d’Alene and other Idaho local governments don’t have this authority to place a general halt on construction and demolition on private property but for a misapplication of Idaho law. The state’s Local Land Use Planning Act says a moratorium on work can only occur if the local government finds “an imminent peril to the public health, safety, or welfare.”
The obvious plain reading and purpose of the statute was to protect people from imminent physical threats. The bogus argument the city of Coeur d’Alene has put forward stretches the meaning of the statute to say it applies to mental health, which it obviously does not.
The resolution implementing the moratorium reads as if it came right from a leftist’s guide to safe spaces:
[M]ental health professionals in the community have cited mental health impacts related to the loss of a historic buildings. (sic) The research on grief and loss has been significant. The loss of historic buildings does not merely constitute an architectural change, but a loss of belonging, a loss of identity, and a loss of rootedness. For many, these buildings hold sentimental value, evoking cherished memories, and their demolition can trigger feelings of grief and displacement. The act of demolishing historic buildings can exacerbate existing mental health issues within the community. It fosters a sense of powerlessness and disenfranchisement among residents who feel unheard and undervalued regarding decisions affecting their surroundings. The loss of familiar landmarks can disrupt an individual’s sense of place and belonging, leading to feelings of isolation and alienation;
In other words, “They’re tearing down the old savings and loan building, and this makes me sad. Better call the city to protect me from my feelings!”
Government exists to protect people’s rights, including the right to own property and do with it as you will. Now the government exists to keep people safe from sadness.
