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Complaint in the Voting Race Discrimination Case
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BILLIE THOMPSON and PATRICIA BROWN,
Plaintiffs, CA. No.
v.
GLADES COUNTY BOARD OF COUNTY COMMISSIONERS, ROBERT GIESLER, AVANT BROWN, FRANKLIN SIMMONS, ALVIN WARD, and K.S. JONES, in their official capacities as chairperson and members respectively; GLADES COUNTY SCHOOL BOARD, JANET STOREY, KATHY BROWNING, TOM GASKINS, JR., MIKE PRESSLEY, and SUSAN THOMPSON, in their official capacities as members of the board; and HOLLY WHIDDEN GREEN in her official capacity as GLADES COUNTY SUPERVISOR OF ELECTIONS.
Defendants.
PLAINTIFFS' COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
I. The Nature of the Case.
1. This is an action for declaratory and injunctive relief to enforce the provisions of the Fourteenth and Fifteenth Amendments of the Constitution of the United States and 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973, and to prevent deprivation under color of state law, ordinance, regulation, custom or usage of the rights, privileges and immunities secured by the aforementioned federal constitutional provisions and statute.
II. Jurisdiction.
2. The jurisdiction of this Court is invoked under Title 28 of the United States Code, 1331, 1343(3), 1343(4) and 2201, this suit being authorized by Title 42 of the United States Code, 1983.
III. Parties.
3. Plaintiffs Billie Thompson and Patricia Brown are African-American adult citizens and registered voters of Glades County, Florida. Plaintiffs desire to participate in the electoral and political process and to have their votes counted on an equal basis with white citizens of Glades County.
4. Defendant Glades County Board of County Commissioners is a body corporate and politic and political subdivision of the State of Florida, duly established under the laws and Constitution of the said State. It has responsibility for policy making and administration of the county government and has the power of sueing and being sued in its own name.
5. Defendants Robert Giesler, Avant Brown, Franklin Simmons, Alvin Ward, and K.S. Jones are the acting chairperson and members respectively of the Glades County Board of County Commissioners. They are sued in their official capacities only.
6. Defendant Glades County School Board is a body corporate and politic and a political subdivision of the State of Florida, duly established under the laws and Constitution of the said State. It has responsibility for policy making and administration of the county school system and has the power of sueing and being sued in its own name.
7. Defendants Janet Storey, Kathy Browning, Tom Gaskins, Jr., Mike Pressley, and Susan Thompson are the current members of the Glades County School Board. They are sued in their official capacities only.
8. Defendant Holly Whidden Green is an adult citizen and resident of Glades County, and is the elected and acting Supervisor of Elections for Glades County, Florida. She is responsible for conducting elections in Glades County and is sued in her official capacity only.
9. At all relevant times set out herein, defendants were and have been acting under color of the statutes, ordinances, regulations, customs and usages of the State of Florida and Glades County.
IV. Facts.
10. According to the 1990 United States Census of Population, the population of Glades County is 7,591 of which 5,987 (78.87%) is white and 922 (12.15%) is African-American. The total voting age population for Glades County is 5, 735 of which 4,771 (83.19%) is white and 552 (9.63%) is African-American.
11. African-Americans constitute a minority of registered voters in Glades County.
12. Pursuant to Fla. Const. art. VIII, sec. 3(e) and Fla. Stat. 100 and 124 et seq the Glades County Board of County Commissioners is composed of five members elected at-large from residency districts. Terms of office are four years and staggered. Elections are partisan and candidates must receive a majority of the votes in the primary in order to run in the general election.
13. Pursuant to Fla. Stat. 100 and 230 et seq., the Glades County School Board is composed of five members elected at-large from residency districts. Terms of office are four years and staggered. Elections are partisan and candidates must receive a majority of the votes in the primary in order to run in the general election.
14. The existing system is majority-takes-all, there being no provision for limited or cumulative voting or other non-majoritarian procedures.
15. There has been a history of official discrimination against African-Americans in Glades County, including discrimination against African-Americans attempting to exercise their rights to the franchise.
16. Elections in Glades County are racially polarized.
17. Glades County Board of County Commissioners and School Board have used, and continue to use, voting procedures such as majority vote, residency districts, and staggered terms which enhance the opportunity for discrimination against minorities.
18. The political processes leading to election in Glades County are not equally open to participation by African-Americans, in that African-Americans have less opportunity than other members of the electorate to participate in the political process and to elect candidates of their choice.
19. The African-American population in Glades County is sufficiently compact and geographically insular to constitute a majority in a five single-member district plan.
20. African-Americans in Glades County bear the effects of discrimination in such areas as education, employment and health, which hinder their ability to participate effectively in the political process.
21. In the entire history of Glades County, no African-American has ever been elected to any countywide office.
22. The purpose and result of holding elections at-large for the Glades County Board of County Commissioners and School Board, including the use of majority vote, residency districts, and staggered terms, is to deny or abridge the right of African-Americans to vote on account of race or color.
23. The next primary elections for the Glades County Board of County Commissioners and School Board are scheduled for September 5, 2000. The next general elections for each board are scheduled for November 7, 2000.
V. Causes of Action.
24. The holding of elections at-large for the Glades County Board of County Commissioners, including the use of majority vote, residency districts, and staggered terms, with no provisions for limited or cumulative voting or other non-majoritarian election procedures, results in the denial or abridgment of the right of Plaintiffs to vote on account of race or color in violation of 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973, and these election structures were adopted and are being maintained purposefully to dilute, minimize and cancel out the voting strength of African-Americans in violation of the rights of Plaintiffs secured by the Fourteenth and Fifteenth Amendments of the Constitution of the United States, and 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973.
25. The holding of elections at-large for the Glades County School Board, including the use of majority vote, residency districts, and staggered terms, with no provisions for limited or cumulative voting or other non-majoritarian election procedures, results in the denial or abridgment of the right of Plaintiffs to vote on account of race or color in violation of 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973, and these election structures were adopted and are being maintained purposefully to dilute, minimize and cancel out the voting strength of African-Americans in violation of the rights of Plaintiffs secured by the Fourteenth and Fifteenth Amendments of the Constitution of the United States, and 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973.
VI. Equitable Relief.
26. There is a real and actual controversy between the parties. Plaintiffs have no adequate remedy at law other than this action for injunctive and declaratory relief. Plaintiffs are suffering irreparable injury as a result of the acts of Defendants complained of herein and that injury will continue unless declared to be unlawful and enjoined by this Court.
WHEREFORE, Plaintiffs respectfully pray that this Court take jurisdiction of this case and:
(1) enter a declaratory judgment that the present method of electing the members of the Glades County Board of County Commissioners and Glades County School Board, is in violation of the Fourteenth and Fifteenth Amendments to the United States Constitution and 2 of the Voting Rights Act of 1965, 42 U.S.C. 1973, and enter a permanent injunction directed to the defendants against its further use;
(2) order into effect new procedures or plans for election of the Glades County Board of County Commissioners and Glades County School Board, which provide Plaintiffs a remedy for the violation of their rights described above;
(3) award Plaintiffs the costs and expense of this action together with their reasonable attorneys' fees; and
(4) retain jurisdiction of this action and grant to Plaintiffs any further relief which may, in the discretion of this Court, be necessary and proper to insure that racially fair election procedures are employed in the selection of the Glades County Board of County Commissioners and Glades County School Board.
Respectfully submitted,
Cristina Correia
Trial Counsel
Fla. Bar No. 0870005
Laughlin McDonald
Neil Bradley
Bryan Sells
ACLU Foundation, Inc.
2725 Harris Tower
233 Peachtree Street NE
Atlanta, GA 30303
(404)523-2721
Fax: 404-653-0331
Attorneys for Plaintiffs
Dated this 12th day of May, 2000.
