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March 4, 2004
Plaintiffs celebrate as court
orders House to re-draw map
Jeremy Schwab
Three federal judges last week struck down a Massachusetts
House of Representatives districting map the judges said was intentionally
discriminatory toward people of color.
The unanimous ruling marks a victory for voting rights activists
and forces the House to redraw the map within six weeks or face
the prospect of the judges redrawing it for them.
“The court’s decision opens the way
for people of color to have an equal opportunity to participate
in the political process and elections,” said plaintiffs’
attorney Dick Belin of Foley Hoag LLP.
The plaintiffs, who include the Black Political Task Force, Boston
VOTE and the statewide Latino organization ¿Oiste?, filed
two simultaneous suits charging that the map was biased.
One suit, alleging that lawmakers knowingly shifted district lines
around to disenfranchise black voters and protect incumbents,
succeeded. The other suit, alleging that lawmakers discriminated
against Latinos in Chelsea and East Boston by not uniting their
districts to increase Latino voting strength, failed.
“We conclude that the Redistricting Act deprives African-American
voters of the rights guaranteed to them by section 2 of the [Voting
Rights Act],” read the court’s decree in the case
spearheaded by the Black Political Task Force.
The judges did not issue an opinion as to why they sided with
the defendants in the Chelsea case.
Despite the defeat in Chelsea, the coalition of activists of color
and their lawyers were jubilant, exchanging hugs, handshakes and
laughter during a press conference at Suffolk University Law School.
“There is a psychology in Boston, particularly at the state
level, of tight control of the political process by white politicians,”
Boston City Councilor Chuck Turner told the crowd of reporters
at the press conference. “What this does is I think encourage
people who have become somewhat cynical about a process that many
have viewed as bankrupt.”
The redistricting process is often used to protect incumbency
and, as it only occurs every 10 years after the U.S. Census, it
affects politics for years to come.
“Redistricting leads to more competition and will lead to
more candidates,” said James Cofield of the Black Political
Task Force. “So let’s get the competition going. Let’s
get started.”
All state representatives, including those in the soon-to-be-redrawn
districts, face elections this fall.
The plaintiffs presented a map to the House which they say would
meet the demands of the judges. The plaintiffs’ map calls
for changes to four districts where they say House Speaker Thomas
Finneran’s hand-picked redistricting committee intentionally
discriminated against voters of color.
The plaintiffs propose that Finneran’s Mattapan- and Milton-based
district, which had a 70 percent black and Latino voting age population
before the House plan and a 57 percent black and Latino VAP after,
be brought back up to 66 percent black and Latino VAP.
The plaintiffs also propose that the 11th Suffolk, which includes
parts of Roxbury, Roslindale and Jamaica Plain, be increased to
66 percent black and Latino VAP. Blacks and Latinos made up 57
percent of the voting age population under the old plan and just
44 percent under the House’s enacted plan.
Finally, the plaintiffs propose that lawmakers unpack the 6th
Suffolk, represented by Marie St. Fleur, which saw its black and
Latino VAP increase from 80 to 96 percent under the House plan.
The plaintiffs’ map would drop the district’s black
and Latino VAP to 70 percent.
The changes, say the plaintiffs, reflect the increase in Boston’s
population of color over the past decade. Boston jumped to 50.5
percent non-white, according to the 2000 Census, but the House’s
map reduced the number of so-called majority-minority districts
from 7 to 6, out of 17 districts that include parts of Boston.
Finneran appeared disturbed but unrepentant following the court’s
ruling.
“I don’t know if it’s a defeat, but it’s
bothering the [expletive] out of me,” he told the Boston
Globe.
The speaker, who has been accused by many of ruling the House
with an iron fist and punishing dissenters, said he saw no bases
for the court’s decision.
“There is no foundation for it whatsoever,” he told
the Globe.
While the plaintiffs saw the ruling as just and said their goal
was simple justice, some members of the press insinuated that
the plaintiffs’ emphasis on race in districting could lead
to discrimination.
One reporter asked the plaintiffs whether they were concerned
that “the oppressed would become the oppressor” under
the forthcoming map. Another reporter asked, “Isn’t
using race as a [determinant] of districting divisive?”
To that, Cofield responded with apparent exasperation, “That
is like asking a slave why he is fighting his master.”
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