Perkins v. City of West Helena

675 F.2d 201
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 13, 1982
DocketNo. 81-1516
StatusPublished
Cited by35 cases

This text of 675 F.2d 201 (Perkins v. City of West Helena) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perkins v. City of West Helena, 675 F.2d 201 (8th Cir. 1982).

Opinion

HEANEY, Circuit Judge.

Plaintiffs appeal from a decision of the United States District Court for the Eastern District of Arkansas, 514 F.Supp. 770, which held that the at-large system of electing aldermen in the City of West Helena, Arkansas, was neither adopted or maintained for the purpose of denying black citizens their rights under the Fourteenth or Fifteenth Amendments to the United States Constitution, or Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973. We affirm the district court’s finding that at-large voting was not adopted for an unconstitutional or illegal purpose. We reverse, however, its finding that at-large voting was not maintained for an unlawful purpose. We hold that the direct and circumstantial evidence in this case establishes that the defendants have retained West Helena’s at-large electoral system to intentionally deprive black voters of their rights in violation of the Fourteenth and Fifteenth Amendments, and the Voting Rights Act of 1965. We remand to the district court with directions to devise a remedy that will fully protect the voting rights of black voters in West Helena.

[203]*203I. FACTS.

The plaintiffs are citizens of the City of West Helena, Arkansas.1 The population of West Helena is approximately forty percent black and sixty percent white. Since 1920, the city has been governed by a council consisting of eight aldermen. It is divided into four wards for the purpose of electing aldermen. The ward lines have not changed since 1920. The white residents and black residents generally live separate and apart from each other. Wards 2 and 3 are entirely white. Parts of Wards 1 and 4 are also white. The other parts of Wards 1 and 4 are “black wards” separated from the white areas by a railroad track. There is a large disparity in the population of the wards. Wards 2 and 3 contain only twenty-seven percent of the city’s population, while seventy-three percent of the population reside in Wards 1 and 4.

Candidates for aldermanic positions must reside in the ward from which they seek to be elected. There are two positions in each ward, and each candidate is required to specify the “seat” or “post” for which he or she is running within the ward of his or her residence. All candidates then run for election on an at-large basis. The entire electorate is required to vote for two candidates from each ward. Single-shot voting is effectively prohibited under Arkansas law. Candidates, however, must only receive a plurality of votes cast to win an election, and there are no runoffs. Historically, West Helena’s municipal elections have been characterized by “bloc voting” polarized along racial lines.

Under this electoral scheme, no black has ever been elected in a “head-to-head” contest against a white candidate. Only three black candidates have ever been elected to the city council, and in each case, the black candidate ran against at least two white candidates. Moreover, when these black incumbents stood for reelection, each was opposed by only one white candidate; and, in each instance, the black was defeated.

The record establishes that West Helena’s municipal government has been unresponsive to the needs of black citizens, and blacks have been denied equal access to public housing, municipal boards and commissions, municipal employment and city services. Since at least 1977, blacks have petitioned the council members to be more responsive to the black community and to change the electoral system from at-large elections to elections by ward. Few changes have been made in response to black demands and the requests for ward elections have been rejected.

On October 20, 1978, a group of black “concerned citizens” instituted this action to enjoin the continued use of at-large elections for city aldermen in West Helena. They alleged that the at-large election scheme was adopted and has been maintained for the purpose of diluting black voting strength2 in violation of the Fourteenth and Fifteenth Amendments, and section 2 of the Voting Rights Act. They additionally contended that the population in the four city wards is not substantially equal as required by Arkansas law, and they sought to have the district court exercise its pendent jurisdiction to reapportion the wards.

[204]*204After trial, the district court held that the plaintiffs failed to establish their Fourteenth Amendment claim because they did not prove that the defendants created or maintained West Helena’s at-large electoral system for a discriminatory purpose. It also held that the plaintiffs did not have a valid Fifteenth Amendment or Voting Rights Act claim because blacks were free to register and to vote in West Helena. Finally, the district court declined to exercise its pendent jurisdiction to address the issue of disparate ward populations. The plaintiffs appeal from these decisions.

II. DISCUSSION.

A. Introduction.

The Constitution of the United States protects the right of all qualified citizens to vote and to have their votes counted. Reynolds v. Sims, 377 U.S. 533, 554, 84 S.Ct. 1362, 1377, 12 L.Ed.2d 506 (1964)3 Indeed, the Supreme Court has recognized that “[t]he right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.” Reynolds v. Sims, supra, 377 U.S. at 554, 84 S.Ct. at 1377. Moreover, because “the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized.” Id. at 560, 84 S.Ct. at 1380.

At-large voting is not per se unconstitutional. E.g., City of Mobile v. Bolden, 446 U.S. 55, 57, 100 S.Ct. 1490, 1494, 64 L.Ed.2d 47 (1980); White v. Regester, 412 U.S. 755, 765, 93 S.Ct. 2332, 2339, 37 L.Ed.2d 314 (1973). No group, even if racially identifiable, has a right to elect representatives proportionate to its voting power in the community. City of Mobile v. Bolden, supra, 446 U.S. at 79, 100 S.Ct. at 1506; Whitcomb v. Chavis, 403 U.S. 124, 149, 91 S.Ct. 1858, 1872, 29 L.Ed.2d 363 (1971). Nonetheless, “the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds v. Sims, supra, 377 U.S. at 555, 84 S.Ct. at 1378. Thus, a vote dilution claim is a cognizable constitutional cause of action under the appropriate circumstances. City of Mobile v. Bolden, supra, 446 U.S. at 65-66, 100 S.Ct. at 1498-99; White v. Regester, supra, 412 U.S. at 765-766, 93 S.Ct. at 2339; Leadership Roundtable v. City of Little Rock, 661 F.2d 701 (8th Cir. 1981); Lodge v. Buxton, 639 F.2d 1358, 1363 (5th Cir. 1981).

B. City of Mobile v. Bolden.

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

Related

Promise Arizona v. Petersen
Ninth Circuit, 2025
Simpson v. Hutchinson
E.D. Arkansas, 2022
Marc Veasey v. Greg Abbott
830 F.3d 216 (Fifth Circuit, 2016)
Willie Taylor v. William Howe
225 F.3d 993 (Eighth Circuit, 2000)
Harvell v. Blytheville School District 5
71 F.3d 1382 (Eighth Circuit, 1995)
Frank Clarke v. City Of Cincinnati
40 F.3d 807 (Sixth Circuit, 1994)
Clarke v. City of Cincinnati
40 F.3d 807 (Sixth Circuit, 1994)
Jeffers v. Tucker
839 F. Supp. 612 (E.D. Arkansas, 1993)
Jeffers v. Clinton
730 F. Supp. 196 (E.D. Arkansas, 1990)
Whitfield v. DEMOCRATIC PARTY OF STATE OF ARK.
686 F. Supp. 1365 (E.D. Arkansas, 1988)
Smith v. Clinton
687 F. Supp. 1310 (E.D. Arkansas, 1988)
Opinion No.
Arkansas Attorney General Reports, 1987
Buckanaga v. Sisseton Independent School District
804 F.2d 469 (Eighth Circuit, 1986)
Collins v. City of Norfolk, Virginia
768 F.2d 572 (Fourth Circuit, 1985)
Collins v. City of Norfolk
768 F.2d 572 (Fourth Circuit, 1985)
Collins v. City of Norfolk, Va.
605 F. Supp. 377 (E.D. Virginia, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
675 F.2d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-city-of-west-helena-ca8-1982.