The amendment discriminated and violated the equal protection of the laws since, under the city's general system of enacting ordinances, an ordinance was effective a specified time after passage by the city council unless 10 percent of the voters petitioned for a referendum, and the amendment of the charter not only suspended the operation of the existing ordinance forbidding housing discrimination, but also made an explicit racial classification treating racial housing matters differently from other racial matters or other housing matters and made it more difficult to secure enactment of ordinances subject to the amendment, it being immaterial that the amendment drew no distinctions among racial and religious groups, since the amendment disadvantaged those who would benefit from laws barring racial, religious, or ancestral discriminations as against those who would bar other discriminations or who would otherwise regulate the real-estate market in their favor, and since the reality is that the law's impact falls on the minority and places special burdens on racial minorities within the governmental process.

It provided that any ordinance (including any in effect) which regulates the use, sale, advertisement, transfer, listing assignment, lease, sublease, or financing of real property on the basis of race, color, religion, national origin, or ancestry must first be approved by a majority of the voters before becoming effective.

"Commercial housing" is defined to exclude any personal residence offered for sale or rent by the owner or by his broker, salesman, agent, or employee.

The statute makes it unlawful to print, publish, or circulate any statement or advertisement relating to the sale of a personal residence that indicates any preference, limitation, specification, or discrimination based upon race.

This amendment provided: Any ordinance enacted by the Council of The City of Akron which regulates the use, sale, advertisement, transfer, listing assignment, lease, sublease or financing of real property of any kind or of any interest therein on the basis of race, color, religion, national origin or ancestry must first be approved by a majority of the electors voting on the question at a regular or general election before said ordinance shall be effective.

Appellant then brought an action in the Ohio courts on behalf of the municipality, herself, and all others similarly situated, to obtain a writ of mandamus requiring the Mayor to convene the Commission and to require the Commission and the Director of Law to enforce the fair housing ordinance and process her complaint thereunder with regard to her unsuccessful attempts to purchase a house through a real-estate agent.

The trial court initially held that the enforcement provisions of the ordinance were invalid under state law.

On remand, the trial court held that the fair housing ordinance had been rendered ineffective by a subsequent amendment of the city charter which provided that any ordinance enacted by the city council dealing with racial, religious, or ancestral discrimination in housing was not to be effective unless approved by a majority of the city voters at a regular or general election, and that any such ordinance in effect at the time of the charter amendment ceased to be effective until approved by the voters.

The Supreme Court of Ohio affirmed the trial court's ruling that a city's fair housing ordinance was rendered ineffective by a charter amendment, holding that the charter amendment was not repugnant to the Equal Protection Clause of the United States Constitution.

White wrote that the city charter amendment discriminated against minorities and constituted a denial of equal protection of the laws under the Fourteenth Amendment, since, under the city's general system of enacting ordinances, an ordinance was effective a specified time after passage by the city council unless 10 percent of the voters petitioned for a referendum, and the amendment of the charter not only suspended the operation of the existing fair housing ordinance, but also made an explicit racial classification treating racial housing matters differently from other racial matters and other housing matters, and made it more difficult to secure enactment of ordinances subject to the amendment, placing special burdens on racial minorities within the governmental process.

The Supreme Court held that the charter discriminated against minorities, and constituted a real, substantial, and invidious denial of the equal protection of the laws.

The case could not be considered moot since the ordinance provided an enforcement mechanism unmatched by either state or federal legislation.

Justice Harlan, joined by Justice Stewart, concurred, stating that he joined in the court's opinion, and that the charter amendment was not an attempt to allocate governmental power on the basis of any general or neutral principle, but had the clear purpose of making it more difficult for certain racial and religious minorities to achieve legislation that was in their interest.