Jim Crow Laws– The legal practice of racial segregation in many states from the 1880s through the 1960s.Entity – An organization established and existing apart from any other interest, business or personal.Clause – A section of a legal document that relates to a particular point or issue.The last player covered by the grandfather clause was New England Patriots player Julius Adams, who had joined the NFL in 1971. A grandfather clause allowed players who played in the 1972 season and earlier to keep their original numbers. In 1973, the National Football League (“NFL”) instituted a numbering system, in which players were required to be numbered by position. Three more death row inmates were executed before the Mississippi legislature, in 1998, updated the law to allow all those sentenced to the death penalty to be executed by lethal injection. A grandfather clause in this new state legislation, however, meant anyone still on death row, who had been sentenced to death after July 1, 1984, would be grandfathered in to the gas chamber. The new law stated that anyone sentenced to death after Jwould be executed by lethal injection. In 1984, the state of Mississippi passed a law that changed the state’s method of execution from the gas chamber to lethal injection. In many cases, such a grandfather clause may end if the existing retail store, or the land, is sold to another person or entity.Įxamples of Real Life Grandfather Clauses If the business changes to something other than a retail store, the grandfather clause would end. The grandfather clause in statute or zoning ordinances permits a business or landowner to request an exemption from restrictions on how the land is used, so long as it continues to be used as it was when the zoning ordinance was adopted.įor example, if the city of Chicago enacts a zoning ordinance that prohibits retails businesses in a certain area, a grandfather clause may allow retail stores already operating in the area to remain. Grandfather clauses are commonly used in creating new zoning ordinances and city or state statutes. Grandfather Clause in Statutes or Zoning Ordinances In either case, the exemption would not apply to a new owner, if the business was sold. This is done by exempting such entities from compliance for a limited time period, or revoking the exemption in the event the entity, such as a factory, expands or remodels. Limitations to the grandfather clause form the basis for being able to compromise in passing new legislation and regulations without creating a financially difficult situation for existing entities. The Voting Rights Act of 1965 outlawed the use of poll taxes in any election, and ensured the rights of every American citizen to vote. After the ruling, many poor Southern white people were able to vote, but the majority of blacks continued to be unable to vote. Eventually, these clauses, as they applied to the right to vote, were determined to be unconstitutional in the U.S. Some states offered an exemption to this prohibition to individuals whose ancestors, or “grandfathers,” had the right to vote prior to a specified date, usually the end of the Civil War. The goal of these new laws was to prevent poor, illiterate African-American former slaves from voting, while not denying poor, illiterate whites the voting right. These new standards included literacy tests, residence and property restrictions, and the payment of poll taxes for those wishing to vote. In the late 19th century, many Southern states passed laws, and made amendments to their state constitutions, creating new standards for voting rights.
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