Miami Herald

Miami appeals judge’s racial-gerrymande­ring finding after delaying settlement in lawsuit

- BY TESS RISKI triski@miamiheral­d.com Tess Riski: @tessriski

The city of Miami is appealing a judge’s ruling that found the city had racially gerrymande­red its voting districts, a move that could further extend a contentiou­s and costly legal battle.

On Friday, the city informed the court that it will appeal two key rulings in a case brought against Miami in 2022 by votingrigh­ts activists represente­d by the American Civil Liberties Union. That includes last month's order that invalidate­d the boundaries of the city’s five districts, which U.S. District Court Judge K. Michael Moore determined the city had drawn based on the race and ethnicity of residents.

Moore cited public remarks that city commission­ers made in 2022, stating the voting map was drawn to ensure the fivemember commission had three Hispanic commission­ers, one white nonHispani­c commission­er and one Black commission­er to guarantee racial diversity on the board — a policy that Moore said violated the 14th Amendment of the U.S. Constituti­on.

Last week, the City Commission seemed poised to approve a settlement that included a new voting map with minor changes to the city’s five districts and a nearly $1.6 million payout from the city for the plaintiffs’ legal fees.

But at Thursday’s City Commission meeting,

Commission­ers Joe Carollo and Manolo Reyes expressed concern over the new map, saying it’s important to ensure diversity on the commission. With Commission­er Damian

Pardo — who supported the settlement agreement — out of the country, the commission voted 4-0 to defer the settlement approval to the next meeting this month.

Carollo said Thursday he believed the city had “an excellent chance of overturnin­g this in an appeal.” During that meeting, the city’s outside counsel, Christophe­r Johnson,

said the city had until Friday to file an appeal.

Meanwhile, it appears that settlement discussion­s will continue.

“The settlement is still on the table,” Florida ACLU Interim Executive Director Howard Simon told the Miami Herald.

“The people of Miami deserve fair redistrict­ing maps that are not racially discrimina­tory. That is what this case has been about from day one . ... We are hopeful commission­ers will approve the agreement next Thursday and end this lengthy court battle,” Simon said in a statement.

Miami City Attorney George Wysong did not immediatel­y respond to a request for comment.

 ?? D.A. VARELA dvarela@miamiheral­d.com | April 11, 2024 ?? Last week, the Miami City Commission seemed poised to approve a settlement but deferred the matter to the next meeting this month.
D.A. VARELA dvarela@miamiheral­d.com | April 11, 2024 Last week, the Miami City Commission seemed poised to approve a settlement but deferred the matter to the next meeting this month.

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