1 2 3 4 5 Emily Chiang, WSBA No. 50517 La Rond Baker, WSBA No. 43610 Breanne Schuster, WSBA No. 49993 (E.D. Wash. Admission Pending) AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Avenue, Suite 630 Seattle, Washington 98164 Telephone: (206) 624-2184 Email: echiang@aclu-wa.org, lbaker@aclu-wa.org, bschuster@aclu-wa.org 8 Brendan V. Monahan, WSBA No. 22315 STOKES LAWRENCE VELIKANJE MOORE & SHORE 120 N. Naches Ave. Yakima, Washington 98901 Telephone: (509) 853-3000 Email: bvm@stokeslaw.com 9 Attorneys for Plaintiff Bertha Aranda Glatt 6 7 10 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Bertha Aranda Glatt, 12 Plaintiff, v. 13 14 15 16 CITY OF PASCO, MATT WATKINS, in his official capacity as Mayor of Pasco, and REBECCA FRANCIK, BOB HOFFMANN, TOM LARSEN, SAUL MARTINEZ, and AL YENNEY, in their official capacity as members of the Pasco City Council, COMPLAINT Defendants. 17 18 19 No. I. 1. INTRODUCTION This Complaint is a challenge to the at-large election system utilized by the City of Pasco, Washington to elect members of its City Council. The COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 1 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 current at-large scheme impermissibly denies Latino/a voters an equal 2 opportunity to participate in the political process and elect representatives 3 of their choice, in violation of Section 2 of the Voting Rights Act, 42 4 U.S.C. § 1973. 5 6 II. 2. This is an action for injunctive and declaratory relief under Section 2 of the Voting Rights Act, 42 U.S.C. § 1973. 7 8 JURISDICTION 3. Jurisdiction is proper under 28 U.S.C. §§ 1331, 1343(a)(3), 1343(a)(4), and 1367. Plaintiff’s action for declaratory and injunctive relief is 9 10 authorized by 28 U.S.C. §§ 2201 and 2202. Venue is proper under 28 11 U.S.C. § 1391. III. 12 13 4. 5. that all Latino/a voters can also do so. 17 19 Plaintiff desires to participate in the electoral and political processes of the City of Pasco on an equal basis with all other residents, and to ensure 16 18 Plaintiff Bertha Aranda Glatt is a Latina, registered voter, and resident of the City of Pasco. 14 15 PARTIES 6. Defendant City of Pasco is a governmental entity that maintains an electoral system comprised of seven positions—five residency district positions and two at-large positions—for the Pasco City Council (the COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 2 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 “City Council”). In the general election, all seven City Council seats are 2 elected at-large. 3 7. Defendants Matt Watkins, the Mayor of the City of Pasco, Rebecca 4 Francik, Bob Hoffmann, Tom Larsen, Saul Martinez, and Al Yenney are 5 the current elected members of the City Council. The City Council has 6 authority to set voting districts. The City Council members are each sued 7 in their official capacity only. 8 IV. FACTS 9 A. The City of Pasco 10 8. Pasco is a non-charter code city. Under Wash. Rev. Code 35A.12.180, 11 non-charter code cities may divide their city into wards but may not limit 12 voting in general elections to voters residing in wards unless the system 13 was set up prior to 1994. Pasco did not set up a districted voting system 14 for primary elections prior to 1994. 15 9. According to data provided by the United States Census Bureau, the City 16 of Pasco has a total population of 62,295 and a voting-age population of 17 40,451. 18 19 10. Latino/as comprise approximately 32% of the City of Pasco’s voting-age population, and comprising approximately 54.13% of the city’s population. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 3 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 B. The Pasco City Council 2 11. The City Council is comprised of seven (7) non-partisan seats. 3 12. City Council positions 1, 2, 3, 4, and 5 are residency districts. Positions 6 4 5 and 7 are at-large seats. 13. In the primary, only those who live in a residency district associated with 6 positions 1-5 vote to determine who will proceed from the primary to the 7 general election. In the primary, positions 6 and 7 are elected at-large. 8 14. In the general election all City Council positions are elected at-large. 9 15. City Councilmembers serve staggered, four-year terms such that either 10 three or four of the seven seats are up for election biannually. The last 11 general election for positions 1, 5, and 6 was held on November 3, 2015. 12 The last general election for positions 2, 3, 4 and 7 was held on November 13 5, 2013. 14 16. 15 Despite the fact that there is a substantial Latino/a population, no Latino/a has won a contested election. 16 C. Pasco’s Latino/a Community 17 17. Latino/as in Pasco have expressed clear political preferences that are 18 distinct from those of the majority of non-Latino/a voters. In elections 19 where Latino/a candidates have run, a statistically significant percentage of Latino/a voters in Pasco vote for the same candidates. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 4 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 18. 2 3 As a result of racially polarized bloc voting, no Latino/a candidate has ever won a contested election for a seat on the City Council. 19. These patterns have continued through the most recent elections in the 4 Pasco City Council. In 2015, six Latinos ran for two positions on City 5 Council. Despite vigorous efforts and strong support in the Latino/a 6 community, the two Latinas who survived the primary election were both 7 defeated in the general November 2015 election. 8 20. 9 Latino/as in the City of Pasco are physically and geographically compact enough to compose the majority of at-least one single-member district, 10 and it is possible to draw a single-member district plan for the Pasco City 11 Council that contains three districts with Latino/a citizen voting-age 12 population majorities. 13 21. The totality of the circumstances demonstrate that Latino/a voters in the 14 City of Pasco have less opportunities than white members of the 15 electorate to participate in the political process and elect representatives of 16 their choice. 17 22. 18 19 There has been discrimination against Latino/as in their efforts to participate equally with other residents in the political process. 23. There is significant evidence of racially polarized voting in Pasco City Council elections. Bloc voting patterns in the City have consistently COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 5 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 prevented Latino/a voters from electing their preferred candidates. This 2 racially polarized voting results in the limited representation and 3 indifference to the Latino/a community’s interests on the City Council. 4 24. 5 6 The City of Pasco has used voting practices or procedures that enhance the opportunity for discrimination against Latino/a voters. 25. Latino/as in the City of Pasco have been subjected to and continue to bear 7 the effects of official and private discrimination on the basis of race and 8 ethnicity in employment, education, health services, and housing. As a 9 result of historical discrimination against Latino/as in employment, 10 education, health services, and housing, many Latino/as in the City of 11 Pasco have a lower socioeconomic status. 12 26. According to the 2011-2013 American Community Survey (“ACS”) 3- 13 Year Estimates, Latino/as in Pasco are less likely to own homes than 14 white residents. Estimates indicate that 77.7% of white residents owned 15 the home they occupied while only 51.8% of Latino/a residents did. 16 27. According to the 2011-2013 ACS 3-Year Estimates, while 14.2% of the 17 City of Pasco’s non-Hispanic white residents aged 18 to 64 lack health 18 insurance, 43.8% of Latino/as aged 18 to 64 lack the same. 19 28. According to the 2011-2013 ACS 3-Year Estimates, the poverty rate for Latino/a residents of the City of Pasco is more than six times higher than COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 6 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 the rate for non-Hispanic white residents (32.9% to 5.1% respectively). 2 Relatedly, the median household income for Latino/a residents in the city 3 is approximately half that of non-Latino/a white residents. The median 4 household income for Latino/a residents is $33,645, while the median 5 income for non-Hispanic whites is $66,222. 6 29. While a Latino/a has run for a City Council position nearly every election 7 cycle since 1990, not one Latino/a candidate has won a contested City 8 Council election. The sole Latino elected to the City Council, Saul 9 Martinez, was first appointed to the Council, and subsequently ran 10 unopposed. The only other Latino/a that has sat on the City Council, Luisa 11 Torres, was appointed in 1989 but lost subsequent bids for City Council. 12 30. 13 14 These factors have allowed elected officials to remain unresponsive to the needs of the Latino/a community in Pasco. 31. The City’s at-large election system, racially polarized voting, and 15 historical and ongoing discrimination have hindered Latino/as’ ability to 16 participate effectively in the political process and have diluted Latino/as’ 17 ability to elect representatives of their choice. 18 19 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 7 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 2 COUNT ONE VIOLATION OF SECTION 2 OF THE VOTING RIGHTS ACT OF 1965 32. 3 4 incorporated in Count One of the Complaint as if set forth herein. 33. 5 single-member electoral districts can be drawn in which Latino/as would 7 constitute an effective majority of eligible voters. 34. 9 10 35. community and defeat the Latino/a community’s candidates of choice. 36. 14 Under the totality of the circumstances, the at-large method of electing members of the Pasco City Council denies Latino/a citizens an 15 opportunity to participate in the political process and elect representatives 16 of their choice equal to that afforded other members of the electorate, 17 19 Racially polarized voting persists in Pasco City Council elections. White voters consistently vote as a bloc to elect candidates favored by the white 12 18 Latino/as in the City of Pasco constitute a politically unified group that votes cohesively as a bloc. 11 13 The Latino/a community in the City of Pasco is sufficiently numerous and geographically compact such that one or more properly apportioned 6 8 The allegations contained in Paragraphs 1 through 31 are hereby thereby diluting Latino/a voting strength. 37. This vote dilution violates Section 2 of the Voting Rights Act, 42 U.S.C. § 1973. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 8 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 38. Unless enjoined by order of this Court, the City of Pasco will continue to 2 violate Section 2 by conducting elections for the Pasco City Council 3 pursuant to the current at-large method in staggered elections. 4 PRAYER FOR RELIEF 5 WHEREFORE, Plaintiff prays that the Court enter an order: 6 1. 7 8 Declaring that the at-large method of electing Pasco City Council members violates Section 2 of the Voting Rights Act of 1965; 2. 9 Enjoining Defendants, their agents and successors in office, and all persons acting in concert with any of these individuals from 10 administering, implementing, or conducting any future elections for the 11 City of Pasco under the current method of electing City Council members; 12 3. 13 14 Ordering the implementation of an election system for the Pasco City Council that complies with Section 2 of the Voting Rights Act of 1965; 4. Retaining jurisdiction of this action and granting Plaintiff any further 15 relief which may in the discretion of this Court be necessary and proper to 16 ensure that timely and lawful procedures are used in elections for the 17 Pasco City Council; 18 19 5. Granting Plaintiff the attorneys’ fees and costs they incur, pursuant to 42 USC § 1973l(e) and 42 U.S.C. § 1988; and COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 9 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 6. 2 equitable. DATED this 4th day of August, 2016. 3 4 5 6 7 8 9 10 11 12 Granting any other relief that the Court may determine to be just and Respectfully submitted, By: /s/Emily Chiang Emily Chiang, WSBA No. 50517 echiang@aclu-wa.org /s/La Rond Baker La Rond Baker, WSBA No. 43610 lbaker@aclu-wa.org /s/Breanne Schuster Breanne Schuster, WSBA No. 49993* bschuster@aclu-wa.org AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Avenue, Suite 630 Seattle, Washington 98164 Telephone: (206) 624-2184 16 /s/Brendan V. Monahan Brendan V. Monahan, WSBA No. 22315 bvm@stokeslaw.com STOKES LAWRENCE VELIKANJE MOORE & SHORE 120 N. Naches Ave. Yakima, Washington 98901 Telephone: (509) 853-3000 17 Attorneys for Plaintiff Bertha Aranda Glatt 13 14 15 18 * Application for admission to the Eastern District of Washington pending. 19 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Page 10 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184