Jerry Brown, Larcenist
2016-02-11 03:11:35 UTC
San Juan Capistrano is the latest Orange County city facing
legal action demanding a switch from at-large city council
elections to voting districts.
A lawsuit filed Jan. 27 asserts that at-large council elections
have prevented Latino residents from electing candidates of
their choice in a community that is about 39 percent Latino.
The five-member San Juan Capistrano City Council has no Latino
members.
Rather, the lawsuit says, in San Juan Capistranos racially-
charged elections of 2008 and 2010, Latino candidates preferred
by the Latino electorate were all defeated by the block voting
of the non-Latino electorate.
The suit was filed in Orange County Superior Court by a Latino
voting-rights organization, the Southwest Voter Registration
Education Project, along with San Juan Capistrano residents Tina
Auclair and Louie Camacho. It contends that San Juans electoral
process violates the California Voting Rights Act of 2001 and
asks the court to order district-based elections.
Cristina Talley, a member of San Juan Capistranos legal
counsel, had no comment on the lawsuit Tuesday but said the
matter will be on the City Councils agenda next week for
discussion in closed session.
Kevin Shenkman, Malibu-based attorney for the plaintiffs, said
his law firm has filed close to a dozen similar lawsuits and won
them all.
Most have settled, he said. Where they havent settled, and
in particular Palmdale, they went to trial and we won and we won
on appeal.
When the California Supreme Court wouldnt hear Palmdales
appeal, Palmdale settled, Shenkman said.
In Orange County, Anaheims City Council voted in 2014 to settle
a lawsuit and switch to districts, becoming the fifth city in
the state and first in the county to settle. Since then, Buena
Park and Garden Grove have moved toward voting districts, and
Placentia was threatened with a lawsuit in December.
In Fullerton, separate lawsuits filed by a Latina and a Korean-
American led that city council to place a measure on the
November 2016 ballot asking if voters want district elections.
http://www.ocregister.com/articles/latino-703508-juan-city.html
legal action demanding a switch from at-large city council
elections to voting districts.
A lawsuit filed Jan. 27 asserts that at-large council elections
have prevented Latino residents from electing candidates of
their choice in a community that is about 39 percent Latino.
The five-member San Juan Capistrano City Council has no Latino
members.
Rather, the lawsuit says, in San Juan Capistranos racially-
charged elections of 2008 and 2010, Latino candidates preferred
by the Latino electorate were all defeated by the block voting
of the non-Latino electorate.
The suit was filed in Orange County Superior Court by a Latino
voting-rights organization, the Southwest Voter Registration
Education Project, along with San Juan Capistrano residents Tina
Auclair and Louie Camacho. It contends that San Juans electoral
process violates the California Voting Rights Act of 2001 and
asks the court to order district-based elections.
Cristina Talley, a member of San Juan Capistranos legal
counsel, had no comment on the lawsuit Tuesday but said the
matter will be on the City Councils agenda next week for
discussion in closed session.
Kevin Shenkman, Malibu-based attorney for the plaintiffs, said
his law firm has filed close to a dozen similar lawsuits and won
them all.
Most have settled, he said. Where they havent settled, and
in particular Palmdale, they went to trial and we won and we won
on appeal.
When the California Supreme Court wouldnt hear Palmdales
appeal, Palmdale settled, Shenkman said.
In Orange County, Anaheims City Council voted in 2014 to settle
a lawsuit and switch to districts, becoming the fifth city in
the state and first in the county to settle. Since then, Buena
Park and Garden Grove have moved toward voting districts, and
Placentia was threatened with a lawsuit in December.
In Fullerton, separate lawsuits filed by a Latina and a Korean-
American led that city council to place a measure on the
November 2016 ballot asking if voters want district elections.
http://www.ocregister.com/articles/latino-703508-juan-city.html