Making Judgment Illegal

The city of Frisco is considering an ordinance that will require developers to devote at least 10 percent of their land to open space and they must include at least eight amenities, such as lawn furniture and trees. Frisco Planning Manager Anthony Satarino said

the reason for these changes is to keep up with the trends for commercial developments and to create developments that “age gracefully.”

Frisco Mayor Jeff Cheney claimed that the ordinance could help small businesses by bringing in more customers. This paternalistic attitude is typical of government officials. They believe that their judgment is superior to that of developers and business owners. And they are more than willing to prove it through government coercion.

Frisco officials seem to believe that developers are unaware of current trends and the demands of the market. And so they must be forced to do as city officials think appropriate.

Successful developers must be responsive to the market, and that includes recognizing trends. Sometimes, it means anticipating or creating a trend. In either case, it is their money and reputation on the line. If they believe that the market wants more open space and amenities, then they will include them in their projects.

Developers have a moral right to use their property as they deem best. Their success depends on their judgment. But meddling government officials aren’t content to let individuals act on their own judgment. They prefer to enact prohibitions and mandates to force individuals to act as they–the government officials–believe best. They want to make choices that differ from their own illegal.