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Tribune News Service
Tribune News Service
National
Gromer Jeffers Jr.

Federal judge rejects claim that Dallas County discriminates against white voters

DALLAS _ A federal judge Thursday dismissed a landmark lawsuit that accused Dallas County commissioners of discriminating against white voters.

The lawsuit sought to dismantle the boundaries the county uses to elect commissioners, claiming that the lines dilute the voting strength of white residents.

But U.S. District Judge Sidney Fitzwater ruled that lawyers for the plaintiffs in Anne Harding v. Dallas County didn't prove their case. He wrote that given the political makeup of Dallas residents of voting age, and the geographical distribution of Anglo Republicans, it wouldn't be possible to know if a GOP candidate could be elected in a second district.

"In other words, because plaintiffs have failed to produce any evidence at trial that the Commissioners Court could have created two performing districts for Anglo Republicans, the logical result is that (defendants) did not dilute the (Anglo Republican) vote," Fitzwater wrote.

He continued: "In fact, if anything, the evidence shows that plaintiffs' voting power has been strengthened, rather than diluted, by the concentration of Anglos in CCD 2 where they can reliably elect a Republican candidate. Accordingly, the court finds that plaintiffs have not proved their vote dilution claim."

Dallas County Judge Clay Jenkins said Thursday he was pleased with Fitzwater's decision.

"As county judge I've remained focused on protecting the rights of every voter," Jenkins said in a text message following the ruling. "That's what we did in drawing these districts and I'm glad the court agrees."

Dan Morenoff, the lead lawyer for the plaintiffs, said he was disappointed with Fitzwater's decision, but there were positives in bringing the suit. He said he didn't know if the plaintiffs would appeal the decision.

"Judge Fitzwater has in fact ruled that the law is exactly the same regardless of what racial minority is bringing the action," he said. "Obviously we need to examine this and think it through before we make a call on the next step."

A local conservative group called the Equal Voting Rights Institute brought the lawsuit on behalf of four white residents. The April trial featured dramatic testimony and video clips of Dallas County Commissioners Court meetings, including a hearing during which Commissioner John Wiley Price, who is black, clashed with a group of white residents that protested the forced resignation of former Elections Administrator Bruce Sherbet.

But lawyers for the county argued that the map was not discriminatory and reflected the changing demographics of the area.

Republicans voters dominated Dallas County politics until 2006. Democrats took control of the commissioners court in 2010, and the next year pushed through a redistricting plan that led to the party controlling four of the five seats on the court.

Jenkins has said the commissioners court does not discriminate against voters of any race, pointing out that while the county is mostly minority, three people on the five-member court are white.

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