Vecinos De Barrio Uno v. City of Holyoke

926 F. Supp. 23, 1996 U.S. Dist. LEXIS 7519, 1996 WL 277380
CourtDistrict Court, D. Massachusetts
DecidedMay 23, 1996
DocketCivil Action No. 92-30052-MAP
StatusPublished
Cited by3 cases

This text of 926 F. Supp. 23 (Vecinos De Barrio Uno v. City of Holyoke) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vecinos De Barrio Uno v. City of Holyoke, 926 F. Supp. 23, 1996 U.S. Dist. LEXIS 7519, 1996 WL 277380 (D. Mass. 1996).

Opinion

MEMORANDUM AND ORDER

PONSOR, District Judge.

I. INTRODUCTION

On March 27, 1995, this court issued its decision in this voting rights case, holding that the electoral system for at-large positions on the Holyoke City Council violated the Voting Rights Act of 1982. Vecinos De Barrio Uno v. City of Holyoke, 880 F.Supp. 911 (D.Mass.1995). On December 29, 1995, the First Circuit Court of Appeals remanded the case for a more detailed explication of the reasons supporting the court’s decision. Ve[24]*24tinos De Barrio Uno v. City of Holyoke, 72 F.3d 973, 989 (1st. Cir.1995).

Following remand and issuance of a scheduling order to govern further proceedings, counsel for both parties requested an informal stay to permit discussions regarding possible settlement. When it became clear that settlement, at least at that stage, would not be possible, the court adopted a revised schedule for submissions addressing at least three questions. First, what issues, legal and factual, did the Court of Appeals, in counsel’s view, instruct this court to address, or suggest that this court might address, in its opinion remanding this case? Second, what, in counsel’s view, is the proper response with regard to each of these issues? Third, what future proceedings, if any, are necessary in order to permit the presentation of evidence on any relevant issue? See Order of February 13, 1996 (Docket No. 142).

The court has now received counsel’s written submissions, their replies to each other’s submissions, a written proffer from the plaintiffs regarding purported new evidence on the current Hispanic voting age population of Holyoke and defendants’ motion to strike this written proffer.

The purpose of this memorandum is to set the context for further proceedings and to establish a time schedule. I will begin with a description of the background of this case and a summary of my understanding of the First Circuit’s directive.

II. BACKGROUND

The district court’s decision of March 1995 began with the description of the legal standards to be applied, focusing particularly on the three threshold conditions established in the Supreme Court’s Thornburg v. Gingles decision, 478 U.S. 30, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986). These are: (1) the minority group is “sufficiently large and geographically compact to constitute a majority in a single-member district”; (2) the minority group is “politically cohesive”; and (3) “the white majority votes sufficiently as a bloc to enable it ... usually to defeat the minority’s preferred candidate.” Id. at 50-51, 106 S.Ct. at 2765-66. Although each side quotes from the extensive case law construing the Voting Rights Act and Gingles, selecting and pressing those quotations with the most favorable spin, no fundamental disagreement exists with regard to the legal standards to be applied here.

This court then proceeded to examine the historical background of the case, the economic and social conditions of the Hispanic community in Holyoke, the City’s election history since 1983 and the impact of evidence regarding turnout and minority cohesion. The court concluded that the evidence presented by plaintiffs was sufficient to satisfy all three of the Gingles threshold criteria. 880 F.Supp. at 925. The court found unpersuasive the defendants’ argument that Hispanic lack of success in at-large City Council elections could be explained by factors other than the at-large system itself, finding that “it is difficult to imagine any Hispanic candidate, no matter how attractive and no matter how effective at bringing out the Hispanic vote, having a fair opportunity to win in any at-large election in Holyoke during this period.” Id. at 926. The court also examined the totality of the circumstances and found that it favored the plaintiffs, thus buttressing the inference created by the plaintiffs’ satisfaction of the Gingles criteria. Id. at 927.

In its review of this decision on appeal, the First Circuit began with a description of the background and a summary of the applicable law. This review of the law essentially paralleled the summary set forth in this court’s original decision, with one important difference. In examining the totality of the circumstances, Judge Selya stated that the court might well consider “other factors, apart from racial bias, that may have caused the white bloc voting identified in the third Gingles precondition.” 72 F.3d at 980 (footnote omitted). The Court of Appeals interpreted the Supreme Court’s decision in Johnson v. De Grandy, — U.S. —, 114 S.Ct. 2647, 129 L.Ed.2d 775 (1994), as indicating that “plaintiffs cannot prevail on a VRA § 2 claim if there is significantly probative evidence that whites voted as a bloc for reasons wholly unrelated to racial animus.” 72 F.3d at 981. The reason for this is that “when racial antagonism is not the cause of an electoral defeat suffered by a minority candi[25]*25date, the defeat does not prove a lack of electoral opportunity but a lack of whatever else it takes to be successful in politics____” Id.

Except to a limited extent, the trial of this case—at this court’s explicit urging—largely avoided exploration of evidence tending to show racial antagonism in Holyoke, or to put it differently, evidence of (in the words of the First Circuit) “a community riven along racial lines.” Id. This was done for two reasons.

First, counsel assumed that evidence of general racial hostility would essentially be irrelevant to any issue other than intent. Since the 1982 amendments to the Voting Rights Act installed the “results” test as the standard, no litigant has needed to show intent in order to prevail in a Voting Rights case. Therefore, this issue was not pursued.

Second, and perhaps more importantly, both counsel and the court were sensitive to the potentially disruptive effect that adversarial proceedings on the subject of racial tension might have on the community itself. It was no one’s intent to put the people of Holyoke, either Hispanic or non-Hispanic white, on trial. Many individuals of many backgrounds work together within the community, which is now emerging, it is hoped, from a period of difficult economic and social stress. Thus the trial was structured, to the extent possible, to respect the primary tenet of medicine: first, do no harm. As a result, only limited evidence of general racial animus, focusing mainly on the election of 1987 and on electoral practices, was introduced.

If the question of racial antagonism now needs to be explored explicitly, given the First Circuit’s clarification of the standard, then perhaps both plaintiffs and defendants should be given an opportunity to do this on remand.

Following clarification of the standard, the Court of Appeals’ decision proceeded to reject three threshold arguments made by the defendants. First, as to the contention that the failure to prove any one Gingles precondition in any one election eliminated that election from judicial consideration, the Court of Appeals concluded that “the court below had every right to analyze all the elections (suspect and non-suspect)” in its decision. Id., at 985.

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Related

Pratt v. Philbrook
38 F. Supp. 2d 63 (D. Massachusetts, 1999)
Vecinos De Barrio Uno v. City of Holyoke
960 F. Supp. 515 (D. Massachusetts, 1997)

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Bluebook (online)
926 F. Supp. 23, 1996 U.S. Dist. LEXIS 7519, 1996 WL 277380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vecinos-de-barrio-uno-v-city-of-holyoke-mad-1996.