Judge orders release of political records

Plaintiffs allege Pasadena mayor diluted local Hispanic voters’ rights

A federal judge said Wednesday that a political action committee aligned with Pasadena Mayor Johnny Isbell must turn over hundreds of pages of internal documents in an ongoing lawsuit over the voting rights of Hispanic and Latino residents.

Attorneys representing the group of Hispanic voters suing Isbell and the city for allegedly diluting their voting rights had subpoenaed the documents from Citizens to Keep Pasadena Strong, which include internal emails between Isbell and a political consultant as well as draft campaign materials for the years 2013 to 2015.

They said the documents would help shed light on an alleged scheme by the city to change its election system, which they contend is discriminatory and violates the Voting Rights Act because they say it keeps Hispanic voters from electing candidates of their choice.

The PAC had argued that the documents aren’t relevant to the voting rights case and that the First Amendment protects such internal communications. Jeff Yates, a Republican political consultant hired by the PAC, testified at a hearing Monday that disclosing the internal communications would be detrimental to his business.

U.S. District Court Judge Lee Rosenthal issued the decree at a hearing in downtown Houston Wednesday to turn over the documents with some conditions. It’s the latest development in the vot- ing rights lawsuit that has drawn national attention.

In 2013, after the U.S. Supreme Court invalidated a section of the Voting Rights Act requiring federal pre-approval of election-law changes, Pasadena voters narrowly decided to replace the city’s system of single-member city council elections with six single-member races and two at-large contests, amove that had previously been deemed discriminatory by the U.S. Department of Justice.

The change meant minority populations concentrated in each singlemember district had a better shot of electing candidates of their choice. But citywide, white residents tended to vote at greater rates than Hispanic voters did, potentially giving white candidates a leg up.

In 2014, the group of Hispanic voters sued Isbell, the city of Pasadena and the council members.

An attorney representing Isbell and the city could not be reached for comment Wednesday afternoon.

An attorney representing the PAC, Jerad Najvar, said he would turn over documents by Feb. 19, though he said in some cases he may have to con- sult further with the judge. The PAC is largely funded and controlled by Isbell.

Rosenthal had privately reviewed the documents in the case before Wednesday’s hearing. She said that in some cases, the names and phone numbers of residents on the PAC’s lists of, for example, phone calls needed to be redacted. In other cases, some documents might fall under attorney-client privilege.

The judge also made plaintiffs agree to keep the documents private so as to lessen any possible effect on Yates’ business.