Pacific Legal, SPVOTER objections to settlement in court

October 17, 2001
Santa Paula News

Although the city and U.S. Department of Justice declared a legal truce over the settled lawsuit centered on Latino representation on the City Council, a court date next week features citizens and a legal advocacy group challenging the settlement.

By Peggy KellySanta Paula TimesAlthough the city and U.S. Department of Justice declared a legal truce over the settled lawsuit centered on Latino representation on the City Council, a court date next week features citizens and a legal advocacy group challenging the settlement.Pacific Legal Foundation and Santa Paula Voters Opposed to Electoral Redistricting (SPVOTER) will appear in a Los Angeles courtroom on Monday to voice their objections to certain conditions of the settlement, primarily the case being settled without prejudice - meaning the DOJ retains the right to refile the action - and a planned November 2002 ballot measure for citizens to decide whether or not to change the city?s present at-large election system to one of district representation.The City Council voted to settle the lawsuit in late August. The DOJ filed the lawsuit in April 2000, alleging that the city?s at-large voting system violated the Voting Rights Act and prevented Latinos from fair representation on the council. The cost of the lawsuit to the city has soared over $500,000 so far and is expected to exceed $700,000 when billings are finalized.
The Pacific Legal Foundation and SPVOTER claim that it is not in the public interest to have voters decide whether or not to switch to district voting, ?wherein the legality of either or both choices remains in dispute,? wants the DOJ to assume city lawsuit costs and wants the possibility that a DOJ lawsuit could be refiled nullified.On the costs, the Pacific Legal Foundation?s motion notes that pricey depositions were taken outside of legal guidelines mandating same and the city was forced to depose ?numerous potential witnesses who really had nothing admissible or relevant to say.? In addition, other ?litigation expenses were exacerbated by the Plaintiffs positions and tactics. . .?Paperwork submitted to the court by Pacific Legal Foundation ?will give the court an inkling of the financial pressures under which the city operated prior to receiving their own prelitigation offer back from the DOJ nearly two years later.?



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