March 2, 2024 Breaking News, Latest News, and Videos

Plaintiffs in Voting Rights Case Against Santa Monica Petition for Rehearing

Decision “contains several critical legal and factual mistakes,” says petition

By Sam Catanzaro

Earlier this month an appeals court ruled in favor of the City of Santa Monica in a case that alleged that the city’s at-large elections diluted Latino voting power. Now the plaintiffs are petitioning for a rehearing, claiming the decision “contains several critical legal and factual mistakes.”

The case filed by plaintiffs Pico Neighborhood Association, Maria Loya and Advocates for Malibu Public Schools alleges that Santa Monica’s at-large election system dilutes Latino voting power in violation of the California Voting Rights Act (CVRA) and discriminates against Latino voters in violation of the Equal Protection Clause of the California Constitution.

In a ruling released February 15, 2019, Los Angeles Superior Court Judge Yvette M. Palazuelos ordered that all future elections for seats on the Santa Monica City Council be based on a seven-district map drawn by an expert for the plaintiffs, including a 30 percent Latino district. The City then appealed this decision.

On July 9, a three-judge panel from the California 2nd District Court of Appeal ruled in favor of the city saying that Latinos, who account for 14 percent of Santa Monica’s electorate, lack the numbers to win an election in the 30 percent Latino district ordered by Judge Palazuelos.

Kevin Shenkman, an attorney representing the plaintiffs, on July 24 filed a petition for rehearing to the 2nd District appeals court.

“The Opinion’s holding that the inability to create a hypothetical majority minority district in Santa Monica is fatal to the CVRA claim contravenes the plain language of the statute,” Shenkman wrote. “The Opinion also errs in ignoring the trial court’s factual finding, based on contested expert testimony and other evidence, that Latino-preferred Latino candidates who lost citywide often would have won election had the contest been limited to the remedial district proposed.”

In addition, Shenkman argued that the judges failed to follow clearly established principles governing the evaluation of factual evidence for determining the existence of intentional discrimination as protected by the Equal Protection Clause.

“Most starkly, the Opinion fails to cite or follow Village of Arlington Heights v. Metro. Housing Dev. Corp (1977) 429 U.S. 252, which held that in order to find an Equal Protection violation a trial court need not find that discrimination was the defendant’s ‘sole’ or “primary” purpose, just that a discriminatory purpose infected the actor’s decision-making,” Shenkman wrote.

As reported by the Santa Monica Outlook, Shenkman noted that it is “highly unlikely” that the case would be reheard, but said that the petition lays the groundwork for a potential appeal to the California Supreme Court.

in News
Related Posts

Construction Alert: Topanga Canyon Boulevard Faces Nightly Closures Starting March 4

March 1, 2024

March 1, 2024

Caltrans Announces 18-Mile Project Spanning Chatsworth to PCH Commuters in the Los Angeles area should prepare for significant delays as...

Film Review: Nyad

February 29, 2024

February 29, 2024

FILM REVIEWNYADRated PG-13121 MinutesReleased November 3rdOscar Nominations: Best Leading Actress, Best Supporting Actress “I failed many times, but I can...

Security Officers Being Deployed at Big Blue Bus Stations and Routes

February 29, 2024

February 29, 2024

The Guards will be provided by a firm with other security contracts with the city of Santa Monica  By Zach...

Leap Day Brings Once-in-Four-Year Deals at Popular Restaurants All Day Long

February 28, 2024

February 28, 2024

Krispy Kreme, Dunkin’, and More Roll Out Special Offers to Mark the Occasion Leap Day, that rare additional day occurring...

Sweet Lady Jane’s Social Media Tease Continues As Locations Sport Hiring Notices

February 28, 2024

February 28, 2024

Mysterious Posts Leave Fans Eager for the Return, But Questions Linger By Dolores Quintana After resurfacing on social media, the...

Upcoming Ice Cream Shop on Montana Ave. Will Serve Multitude of Vegan Flavors

February 28, 2024

February 28, 2024

The Company Has Come a Long Way Since Its Humble Beginnings as a New York City Food Truck By Zach...

(Video) Pro-Palestine Protest at the Beverly Wilshire Hotel

February 28, 2024

February 28, 2024

Protesters were there to protest the arrival of U.S. Representative Nancy Pelosi Counter-protesters drove by in a car. @smmirrornews Pro-Palestine...

(Video) Restaurants Replace Glass Front Doors After Late Night Robbery Spree in Del Ray

February 28, 2024

February 28, 2024

Seven restaurants and small businesses in Del Rey and Venice, including Nick the Greek and Dudley Market, were robbed. Council...

SMMUSD Appoints New Asst. Superintendent of Education Services

February 27, 2024

February 27, 2024

Dr. Williamson Will Assume Her Role on March 8, Bringing 17 Years of Education Experience In a special board meeting...

Hollywood Royalty to Shine at 96th Oscars: First Wave of Star-Studded Presenter Lineup Unveiled

February 27, 2024

February 27, 2024

Incredible Lineup of Actors and Previous Oscar Winners Announced Executive producer and showrunner Raj Kapoor, along with executive producers Molly...

Vote Smart, Vote Early: Streamlining Your 2024 Presidential Primary Experience in L.A. County

February 27, 2024

February 27, 2024

Skip the Lines and Save Time – Your Guide to Early Voting Options  In preparation for the upcoming 2024 Presidential...

Iconic Venice Beach Sculpture and Landmark to be Removed, Returned to Artist’s Property

February 27, 2024

February 27, 2024

Since the Money, Effort or Desire to Purchase the Piece Appears to Not Be There, the Artist Wants It Back...

(Video) Heartfelt candlelight vigils in Westchester and West Hollywood for Nex Benedict

February 27, 2024

February 27, 2024

The non-binary 16 year old student with Choctaw ancestry died in Owasso, Oklahoma after being beaten by three older high...

Sweet Lady Jane Sparks Hope of Return – Popular Bakery Hints at Reopening Across LA

February 27, 2024

February 27, 2024

After Abrupt Closures, Beloved Bakery Hints at a Comeback, Leaving Fans Intrigued  Sweet Lady Jane, a Los Angeles cake bakery...

Waymo’s LA Expansion Hits Roadblock: CPUC Temporarily Halts Self-Driving Company’s Plans

February 26, 2024

February 26, 2024

California Public Utilities Commission suspends Waymo’s service expansion for 120 days. California’s Public Utilities Commission (CPUC) has put a temporary...