In a significant victory for the Gullah Geechee community of Sapelo Island, the Georgia Supreme Court on Tuesday, unanimously ruled that residents have the right to pursue a referendum to repeal a controversial zoning change. This decision reverses a lower court’s ruling that had previously blocked the community’s efforts to hold a public vote, paving the way for residents to protect their historic homes and cultural heritage.

The dispute stems from an ordinance passed by McIntosh County commissioners in 2023, which significantly altered zoning regulations in Hogg Hummock, the last remaining Gullah Geechee community on Sapelo Island. The ordinance allowed the maximum size of single-family homes to more than double, sparking fears among residents that the change would lead to an influx of new, large vacation homes. This, in turn, threatened to drive up property taxes and accelerate the displacement of Gullah Geechee descendants from their ancestral lands.

In response, local Gullah Geechee residents and their supporters successfully petitioned for a referendum to repeal the new zoning ordinance, exercising what they believed was their fundamental right to self-governance. However, the McIntosh County Commission challenged this move, filing a lawsuit to halt the vote. A lower court initially sided with the county, ruling that zoning ordinances were not subject to referendum under the state’s “Home Rule” provisions.

Tuesday, Georgia’s highest court decisively overturned that lower court decision. In its unanimous ruling, the Supreme Court found that the lower court erred and that “nothing in the state constitution restricts a county electorate’s authority to seek the repeal of a zoning ordinance.” This landmark decision affirms the power of local communities to have a direct say in matters that profoundly impact their way of life.

The impact of this ruling is immediate and far-reaching. It effectively puts the contested zoning change on hold until the referendum can be held, giving residents a crucial path to restore the previous size limits and protect the unique historic character of Hogg Hummock.

The Gullah Geechee people are descendants of West and Central Africans who were enslaved and brought to the coastal regions of North Carolina, South Carolina, Georgia, and Florida. Due to their forced isolation on barrier islands and coastal areas like Sapelo, they developed a unique culture, preserving many of their African traditions in their language (Gullah), art, spiritual practices, and foodways. This rich cultural heritage is recognized and protected by the Gullah Geechee Cultural Heritage Corridor, established by the U.S. Congress in 2006.

Advocates say this ruling sets an important precedent for other vulnerable communities in Georgia and beyond, reinforcing the principle that local populations have fundamental rights to participate in decisions affecting their land and legacy. The date for the referendum has yet to be announced, but the community is ready to mobilize to secure their future.