DeGrandy v. Wetherell

794 F. Supp. 1076, 1992 U.S. Dist. LEXIS 16143, 1992 WL 145189
CourtDistrict Court, N.D. Florida
DecidedMay 29, 1992
DocketTCA 92-40015-WS. Civ. A. No. 92-40131
StatusPublished
Cited by36 cases

This text of 794 F. Supp. 1076 (DeGrandy v. Wetherell) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeGrandy v. Wetherell, 794 F. Supp. 1076, 1992 U.S. Dist. LEXIS 16143, 1992 WL 145189 (N.D. Fla. 1992).

Opinions

OPINION

BY THE COURT.

Florida currently has nineteen members in its congressional delegation. According to the 1990 federal decennial census, increases in Florida’s population entitle Florida to four additional members in the United States House of Representatives. Thus, the number in Florida’s congressional delegation has increased to twenty-three.

According to the 1990 census data, the total population of the state of Florida is 12,937,926 persons. Between the census of 1980 and the census of 1990, Florida’s population increased 3,213,602 persons. To achieve equality between Florida’s twenty-three districts, each district would ideally contain 562,518.5 persons. Seven Florida counties have a population greater than the [1079]*1079ideal population of 562,518.5 persons. Those counties are: Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, and Pi-nellas.

A longstanding general history of official discrimination against minorities has influenced Florida’s electoral process. In 1885, Article VI, Section 8 of the Florida Constitution imposed a poll tax which disenfranchised poor minority voters. Additionally, Article XII, Section 12 of the 1885 Florida Constitution segregated African-American and white school children. Article XVI, Section 24 of that same Florida Constitution also outlawed the intermarriage of white with African-Americans. As recently as 1967, § 850.20, Fla.Stat. provided in part: “The Florida Public Service Commissioners may prescribe reasonable rules and regulations relating to the separation of white and colored passengers in passenger cars being operated in this state by any railroad company or other common carrier.” Additionally, § 1.01(6), Fla.Stat. (1967) provided that “the words ‘Negro,’ ‘colored,’ ‘colored persons,’ ‘mulatto,’ or ‘persons of color,’ when applied to persons, include every person having one-eighth or more of African or Negro blood.” Federal precedent has also addressed numerous recent discriminatory election practices in Florida, including at-large election schemes, white primaries, majority vote requirements, and candidate filing fees. Such official state discrimination has adversely affected the ability of minorities to participate in the political process.

The parties agree that racially polarized voting exists throughout Florida to varying degrees. The results of Florida’s legislative elections over the past ten years established the presence of racially polarized voting. See In re Constitutionality of Senate Joint Resolution 2G, Special Apportionment Session 1992, 597 So.2d 276, 287-93 (Fla.1992) (Chief Justice Shaw, dissenting). In areas such as education, employment and health care, Florida’s minorities have borne the effects of discrimination. The 1990 census figures demonstrate that among persons sixteen years or older, African-Americans are more than twice as likely to be unemployed as whites. In Florida, the poverty rate for African-Americans is more than three times higher than the rate for whites. Additionally, we note that voting studies have consistently indicated the strong relationship between so-cio-economic status and political participation. Thus, the legal barriers and the economic barriers which the legacy of racism has created in the state of Florida, have prevented African-Americans from fully participating in the political process.

In the state of Florida, minorities have had very little success in being elected to either the United States Congress or the Florida Legislature. An African-American has not represented Florida in the United States Congress in over a century. In addition, only one Hispanic congressperson serves from Florida. From 1889 until 1968, African-Americans were unable to elect a single representative to the state house. Additionally, African-Americans were unable to elect a representative to the state senate until ten years ago. Until four years ago, no Hispanic state senator had ever been elected in Florida. See In re Constitutionality of Senate Joint Resolution 2G, No. 79-674 at 34-37 (Chief Justice Shaw, dissenting).

As a result of Florida’s past discrimination practices, the United States Justice Department must preclear five Florida counties pursuant to Section 5 of the Voting Rights Act, as amended. See 42 U.S.C. § 1973 et seq. Those counties are: Collier, Hardee, Hendry, Hillsborough, and Monroe. The Florida Constitution does not provide a method for congressional redistricting if the state legislature fails to pass a redistricting plan, or the United States Justice Department fails to preclear a plan the state legislature adopted.

Pursuant to the Florida Statutes, candidates seeking federal office in Florida must qualify between July 6 and July 10, 1992. The first primary election is scheduled to occur on September 1, 1992. The general election is scheduled to occur on November 3, 1992. Given this set of circumstances, the plaintiffs filed the following action.

[1080]*1080PROCEDURAL BACKGROUND

On the opening day of the 1992 Florida legislative session, Miguel DeGrandy, a member of the Florida House of Representatives, and other registered voters (“De-Grandy plaintiffs”) filed a complaint against the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Governor of Florida, and other state officials. The DeGrandy plaintiffs filed the complaint in the District Court for the Northern District of Florida challenging the constitutionality of Florida’s current congressional and state legislative districts. The DeGrandy plaintiffs alleged that the current districts violate both the Equal Protection Clause of the United States Constitution and the Voting Rights Act of 1965, as amended, and urged this court to assert jurisdiction in order to redistrict and reapportion the state.1 See 42 U.S.C. § 1973 et seq.

The DeGrandy plaintiffs filed a first amended complaint on January 23, 1992. The defendants moved to dismiss the complaint. After hearing arguments on the motion, the court dismissed the action due to lack of subject matter jurisdiction. On March 9, 1992, the DeGrandy plaintiffs filed a second amended complaint. On March 13, 1992, the Florida Legislature ended its regular session without adopting either a congressional redistricting or a state reapportionment plan.

Subsequently, on March 27, 1992, this three-judge court convened and denied all motions to dismiss and established an expedited scheduling order to adopt congressional and state legislative plans by May 29, 1992. This scheduling order in no way enjoined or prevented state redistricting and reapportionment agencies from attempting to enact their own plans. When this court issued the expedited scheduling order, however, we were concerned that the state legislature would be unable to pass a congressional redistricting plan and have the Justice Department preclear that plan in time for the scheduled candidate qualification date of July 6, 1992. This court was particularly concerned that minority voters would not be able to participate meaningfully in the political process and adequately decide on a candidate of their choice given the time constraints of the redistricting process.

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DeGrandy v. Wetherell
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794 F. Supp. 1076, 1992 U.S. Dist. LEXIS 16143, 1992 WL 145189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degrandy-v-wetherell-flnd-1992.