Hattie Kendrick v. James Walder, Individually and as Mayor of the City of Cairo, Illinois

527 F.2d 44
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 16, 1975
Docket75--1291
StatusPublished
Cited by16 cases

This text of 527 F.2d 44 (Hattie Kendrick v. James Walder, Individually and as Mayor of the City of Cairo, Illinois) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hattie Kendrick v. James Walder, Individually and as Mayor of the City of Cairo, Illinois, 527 F.2d 44 (7th Cir. 1975).

Opinions

SWYGERT, Circuit Judge.

The question in this appeal concerns pervasive racial discrimination in Cairo, Illinois, allegedly resulting from the use of at-large elections under a commission form of municipal government. Plaintiffs-appellants, black residents of the City of Cairo, filed a class action seeking declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1983.1 Defendants are officials responsible for conducting city council elections in Cairo. Plaintiffs challenge the actions of these officials taken under the authorization of Illinois Revised Statutes, Chapter 24, §§ 4-3-2, 4-3-5,2 alleging that these provisions as they operate in Cairo have the effect of depriving them and members of their class of certain rights in violation of the equal protection clause of the Fourteenth Amendment and the provisions of the Fifteenth Amendment which prohibit the denial or abridgment of voting rights on account of race, color, or previous condition of servitude.

Defendants moved to dismiss the complaint in November of 1973.3 [47]*47Nearly fourteen months later the lower court entered its judgment, dismissing plaintiffs’ complaint and stating that “beyond a doubt . . . there is no set of facts that could be proven in support of plaintiffs’ claim that would entitle them to relief.” 4 The question for resolution on this appeal is whether plaintiffs have stated a claim upon which relief could be granted under the Constitution of the United States and the Civil Rights Act. We believe they have.

In essence, the plaintiffs contend that, as implemented in Cairo, the provisions of the Illinois statutes permitting communities to adopt a city commission form of government and conduct at-large elections instead of retaining an aldermanic system in which elections are conducted from single-member wards, minimizes, dilutes, and cancels out their voting strength as a group. Plaintiffs further allege that as a result of this dilution, the election of blacks to the Cairo City Council is precluded; the nomination and election of white residents unresponsive to plaintiffs’ need and interests are guaranteed; blacks are excluded from appointive positions in the local government; and racial discrimination in the community is enhanced.

Plaintiffs have alleged sufficient facts to constitute a cause of action under the equal protection clause of the Fourteenth Amendment to the United States Constitution.5 While on its face the use of at-large elections appears to be a neutral system for the election of representatives, its maintenance and use may in fact represent a subtle form of discrimination which operates to disadvantage [48]*48certain Cairo voters. In ternas of the question of population equality and apportionment, the at-large system is the fairest, with each voter’s vote weighed equally with that of all other persons in the election area. There are no ward lines drawn so as to create an imbalance — the'population deviation is zero.

A facially neutral system may operate, however, to dilute, minimize, or cancel out minority voting strength. White v. Regester, 412 U.S. 755, 93 S.Ct. 2332, 37 L.Ed.2d 314 (1973); Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir. 1973) (en banc), rev’g, 467 F.2d 1381 (5th Cir. 1972). The courts have examined multimember districts for their discriminatory potential under the theory that such a system might dilute the votes of a minority group.6 The analysis in this line of equal protection cases does not stop with a consideration of whether the one-man, one-vote ideal has been achieved, but reaches beyond mathematical equality to see if the group in question can obtain effective representation within the electoral system as it operates. This is not to suggest that the designation of seats for minority representatives in proportion to their voting strength is compelled (or even permitted) by the equal protection clause, but if, as a result of the method of apportionment, the group is disadvantaged in its use of the ballot, an equal protection claim may exist. White v. Regester, supra; Whitcomb v. Chavis, 403 U.S. 124, 91 S.Ct. 1858, 29 L.Ed.2d 363 (1971); Burns v. Richardson, 384 U.S. 73, 86 S.Ct. 1286, 16 L.Ed.2d 376 (1966); Fortson v. Dorsey, 379 U.S. 433, 85 S.Ct. 498, 13 L.Ed.2d 401 (1965).

Where, as here, no official distinctions have been drawn between voters, plaintiffs may still demonstrate that they have been disadvantaged by the system. The inquiry is not conducted in a vacuum, nor in the abstract. The total situation as it exists in the particular locality is considered and an actual impact on voters’ rights must be demonstrated:

[t]he plaintiffs’ burden is to produce evidence to support findings that the political processes leading to nomination and election were not equally open to participation by the group in question — that its members had less opportunity than did other residents in the district to participate in the political processes and to elect legislators of their choice. White v. Regester, supra at 766, 93 S.Ct. at 2339 citing Whitcomb v. Chavis, supra at 149-50, 91 S.Ct. 1858.

Plaintiffs in this case have sought the opportunity to make such a demonstration.

Without considering the merits of plaintiffs’ claim, it may be beneficial to relate the factual allegations contained in their complaint to the charge that their votes and political effectiveness as a group have been diluted or cancelled out through the use of the at-large system of voting in Cairo. Whether the allegations truly reflect conditions as they exist in that city is a question which must be reserved until after trial in the district court. Lipscomb v. Jonsson, 459 F.2d 335 (1972).

In addition to pointing out that since the institution of the at-large system no black has been elected to the city council, a fact which may in itself indicate that minorities have been denied an equal influence in,the political process, plaintiffs have set forth allegations in their complaint which indicate that Cairo has been and continues to be a racially polarized community. Plaintiffs state that the continuance of the at-large system furthers polarization and discrimina[49]*49tion since the dilution of their voting power permits, and perhaps encourages, resort by white candidates to campaign tactics which make race a factor in the elections in Cairo in order to appeal to the white majority.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bonilla v. City Council of City of Chicago
809 F. Supp. 590 (N.D. Illinois, 1992)
Shango v. Jurich
681 F.2d 1091 (Seventh Circuit, 1982)
Jose Aranda v. J. B. Van Sickle
600 F.2d 1267 (Ninth Circuit, 1979)
Contemporary Music Group, Inc. v. Chicago Park District
372 N.E.2d 982 (Appellate Court of Illinois, 1978)
Ago
Florida Attorney General Reports, 1977
Black Voters v. McDonough
421 F. Supp. 165 (D. Massachusetts, 1976)
Wilson v. Edelman
542 F.2d 1260 (Seventh Circuit, 1976)
Aranda v. Van Sickle
455 F. Supp. 625 (C.D. California, 1976)
Hopson v. Schilling
418 F. Supp. 1223 (N.D. Indiana, 1976)
Broussard v. Perez
416 F. Supp. 584 (E.D. Louisiana, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
527 F.2d 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hattie-kendrick-v-james-walder-individually-and-as-mayor-of-the-city-of-ca7-1975.