Lawyer lauds New Rochelle redistricting ruling

By ELIZABETH GANGA

THE JOURNAL NEWS
(Original publication: June 28, 2003)

NEW ROCHELLE — The lawyer defending the City Council's redistricting plan said the judge's decision not to change the new council district lines in time for this year's election was a significant victory for the city.

U.S. District Court Judge Charles Brieant denied a preliminary injunction Thursday in the case, which charges that the new lines violate the Voting Rights Act by shrinking the black population in one of the city's six council districts and thereby reducing their ability to elect a representative of their choice. The judge will still make a decision in the overall case that could affect future elections. Legal briefs are due July 25, and a decision would come after that.

The city's lawyer, Alan Scheinkman, said it's clear the city's redistricting plan is fair and legal.

"I think that this hearing was a complete vindication of the position of the City Council," he said.

But Randolph McLaughlin, the lawyer for the group challenging the lines in District 3 in the center of the city, said it would have been extraordinary for the judge to change the lines this far into the election cycle, with candidate petitions already in circulation.

And, he argued, the city didn't look at all the factors that courts have said must be considered when a minority population is reduced.

"They did none of that," he said. "They just cut the district down."

Both sides said the judge indicated that he wanted to take time to make a decision because the case presented interesting legal issues that deserved reflection. Brieant also said he was aware the decision might be asked to stand up to an appeal.

The main challenge was brought by several individuals and a group known as the New Rochelle Voter Rights Defense Fund, which was set up by the local NAACP. A separate suit that was later combined with the first was filed by the New Rochelle Republican, Independence and Conservative parties and other city residents.

The council, which has a 5-2 Democratic majority, passed the redistricting plan in April in preparation for this fall's council elections, the first since the new population data from Census 2000 was released that required changes to the districts. The plan reduced the overall population of blacks in District 3 from about 54 percent to 45 percent.

The core of the case are the questions of what percentage of blacks must live in the district so they have control over elections and what factors must be considered when changing a minority district.

"Is there a fixed percentage somebody has to meet?" Scheinkman asked, arguing that there is little difference between 49 percent and 51 percent. An expert who testified for the city said when citizenship and voting age are taken into account, the number of blacks who can vote reaches 49 percent. Scheinkman also argued the city's goal was to give blacks effective control in District 3 while increasing their influence in two neighboring districts, where they now make up substantial percentages of the population.

But McLaughlin said when turnout and voter registration are considered, the numbers of potential black voters drop again. The challengers' experts testified that the black community's ability to elect its candidates was hurt by the redistricting.

A case out of Georgia decided by the U.S. Supreme Court on Thursday could have a bearing on the New Rochelle case, Scheinkman said. The court said the reduction in a black majority doesn't on its face violate the Voting Rights Act if it could expand the overall influence of minority voters.

"I think that really points to the way the courts have been resolving these cases," Scheinkman said. But in the Georgia case, the districts were kept above 50 percent.
It's still possible that a settlement could be reached in the New Rochelle case. McLaughlin said his clients were willing to settle during the trial if the city had agreed to put Rochelle Heights, the largely black neighborhood of a potential candidate, LeRoy Mitchell, back into District 3.

"All they have to do is put his house back in, and this case will be over," McLaughlin said.
Republican City Committee Chairman Doug Colety said he also would accept that settlement. He also noted that the Republicans are still seeking candidates to run in District 3. If no candidate is found, Colety will run himself.

"If we do not get a black candidate, we have to consider running a white candidate," Colety said, "because the district as it's been drawn by this administration is no longer a black opportunity district."