Fair Maps Remain a Civil Rights Issue in Florida

MIAMI, FL – A panel of three federal judges issued a ruling in Cubanos Pa’lante v. Florida House of Representatives, a case challenging congressional and State House districts in South Florida as racially gerrymandered in violation of the Fourteenth Amendment. The plaintiffs argued that lawmakers drew districts along racial lines, creating non-compact shapes, connecting disparate neighborhoods, and dividing established communities while relying on false and stereotypic assumptions that treat Hispanic and Latino voters as a monolithic group.

The case was tried over four days in Miami, with our team presenting twelve witnesses and cross-examining additional witnesses, creating a full evidentiary record that challenged how the Legislature prioritized race over traditional redistricting principles and real communities of interest. The case challenged State House Districts 115, 118, and 119, and the version of Congressional District 26 adopted in 2022 and used in the 2022 and 2024 elections.

Despite the fact that lawmakers explicitly and repeatedly admitted crafting the districts for racial reasons, the court found that the plaintiffs had not met their burden to prove that race “predominated” over all other factors in the design of each State House district. The Legislature admitted at trial that it used race to draw the districts, but the court did not address whether the Legislature’s use of race was justified.

The court did not rule on Congressional District 26 because after the trial, Florida adopted a new congressional map ­– drawn to favor the Republican Party in violation of Florida’s ban on partisan gerrymandering. Other groups have challenged the new congressional map under the Florida Constitution in separate cases brought in state court, so the federal court will wait for those separate cases to resolve before ruling on the dispute over Congressional District 26.

Plaintiffs and advocates responded with the following statements:

“Fair maps are not a procedural issue – they are a civil rights issue,” said Bacardi Jackson, executive director of the ACLU of Florida. “When lawmakers draw districts by sorting voters based on race, they don’t just manipulate lines on a map. They manipulate power, distort representation, and send a dangerous message about who belongs where in our democracy. South Florida’s Hispanic and Latino communities deserve districts that reflect real communities, not stereotypes or political convenience. We will continue to fight for maps that honor equal protection and protect every Floridian’s voice.”

 

“We built a strong record showing that these districts were shaped in ways that divided established communities and relied on assumptions that don’t reflect the political reality of South Florida’s Hispanic voters,” said Nicholas Warren, staff attorney at the ACLU of Florida. “While the decision of the court is disappointing, this is not the end of the fight for fair and equitable maps. Stay tuned.”

 

“South Florida’s Hispanic and Latino communities are not monolithic, and they should never be treated that way in the mapmaking process,” said Jorge Vasquez, founding member of Vasquez Attorneys. “When district lines are drawn to divide established communities, connect disconnected neighborhoods, and prioritize racial assumptions over real representation, it undermines equal protection and weakens democracy for everyone.”

 

“We are undeterred in our fight for fair maps in Florida,” said Mike Rivero, co-founder of Cubanos Pa’lante. “We will continue to fight for maps that reflect our different communities, from Hialeah to Naples and beyond.”

 

“We are delayed but not deterred in our ongoing fight for fair congressional and legislative maps,” said Katherine Leiva, executive director of Engage Miami. “While we disagree with the ruling, we know that the law and the facts remain clear and that South Florida’s Hispanic citizens deserve the full protections of the Constitution.”

 

“The Latino community deserves better than racially gerrymandered districts that slice through communities and deny representation,” said David Brito-Murphy, vice president of the ACLU Club at FIU. “This fight is not over.”

 

The plaintiffs are represented by the ACLU of Florida, Vasquez Attorneys, and O’Melveny & Myers.

The court’s decision can be viewed below.