Updated: ABQ Faces Redistricting Lawsuit

“Mayor Berry has always advocated for a redistricting plan that reflects the diversity and common interests of the people of Albuquerque.  That’s why Mayor Berry asked the exact same questions presented by this lawsuit prior to signing the City Council approved plan. The Mayor was assured by independent legal counsel of the plans validity.  We feel strongly that the Council approved plan will prevail in this matter.”

– Gilbert Montano, Deputy Chief Administrative Officer

The League of United Latin American Citizens just announced that it has filed a lawsuit challenging Albuquerque’s City Council redistricting.

The full news release is below:

LULAC Files Voting Rights Lawsuit Challenging ABQ City Council Redistricting

ALBUQUERQUE – Today, a legal action challenging the 2012 Albuquerque City Council redistricting decision was filed in Albuquerque’s State District Court. The lawsuit alleges that the redistricting decision by the City Council diluted the voices of minority voters down to two of nine districts, despite the City’s 47.2% Hispanic population and population growth that has been 75% Hispanic since 2000. Attorneys will present alternate mapping that would meet requirements of Section 2 of the 1965 U.S. Voting Rights Act and both the state and federal constitutions.

“We had a 5-4 vote in what amounted to a partisan decision by what is supposed to be a non-partisan City Council. This not only diluted the voices of ethnic minorities across the city, but also divided many communities of interest,” said Antonio Maestas, attorney representing the ABQ Fair Redistricting Committee. “The inequity of this move would mean a long-term detriment to the Council’s representation of and service to its diverse population, in violation of the Voting Rights Act.”

Legal representation includes Albuquerque attorney Moe Maestas as well as national counsel Luis Vera, General Counsel of the League of United Latin American Citizens (LULAC). Luis Vera has successfully represented clients in redistricting cases including LULAC v. Perry (Governor of Texas) in the United States Supreme Court. Albuquerque plaintiffs in the lawsuit include Ron Romero of the Barelas neighborhood, Phillip Baca of the Huning Castle neighborhood, Bernadette Miera of Downtown Albuquerque, and Mary Molina Mescall of the North Valley. Both Baca and Miera served on the City Council’s redistricting committee which made recommendations to the City Council. Dr. Gabriel Sanchez of Latino Decisions and the University of New Mexico is serving as an expert witness in the legal action.

Attorneys expect the lawsuit’s decision to occur quickly in order to avoid disruption of the municipal election timeline. For more information, visit the ABQ Fair Redistricting website at abqfairredistricting.org.