voting strength and political effectiveness of minority groups.'" Reno v. Bossier Parish School Board, U.S. , 117 S. Ct. 1491, 137 L. Ed. 2d 730, 1997 WL 235097, *6 (1997), quoting, S.Rep. 97-416. The present ward map accomplishes this purpose by containing a proportional number of wards in which minority members constitute an effective majority enabling them to elect a proportional number of the members of the Chicago City Council.
445. The present ward map also furthers the deeper salutary purpose of hastening the end of polarized voting by including a number of wards, including the 10th, 18th, 46th, 48th, and 49th wards, in which minority members, while not constituting an effective majority, are nonetheless present in such sizeable numbers that a candidate must receive support from minority voters in order to be successful. These multi-racial or multi-ethnic wards serve the salutary purpose of enabling and encouraging involvement in the give and take of political coalition building and compromise at the grass roots level. Locking minorities and whites into separate wards in which they constitute supermajorities might ensure proportionality of representation, but it will never serve the deeper purposes of the Voting Rights Act. By residing in racially and ethnically diverse wards, in which no racial or ethnic group wields absolute electoral control, the members of the community might be educated about the diversity of opinions and aspirations of other members of the community. By running for election in racially and ethnically diverse wards, in which no racial or ethnic group wields absolute electoral control, candidates might learn to be responsive to the broader community.
V. INTENTIONAL DISCRIMINATION
446. Plaintiffs' intentional discrimination claims revolve around their contention that ward lines were manipulated in order to protect a handful of senior white incumbents. The desire to protect incumbents, as such, is not a form of racial discrimination. If, however, in order to protect incumbents, the redistricting scheme deliberately adopted devices for limiting minority representation, defendants have engaged in deliberate racial discrimination. Barnett v. Daley, 32 F.3d 1196 at 1196; Ketchum v. Byrne, 740 F.2d at 1408.
447. In Section I.D., PP 176-184, of this Memorandum Opinion, this Court discussed, at length, plaintiffs' factual allegations that defendants adopted devices for limiting minority representation and manipulated ward boundaries in order to protect incumbencies. This Court found that concerns about the effectiveness of the new Latino wards and the concomitant attempt to draw Latino areas with high population concentrations into the new Latino majority wards motivated the shifts in ward boundaries. Changes in the ward boundaries were also necessary to correct the significant underpopulation of some of the south side wards. (PP 178-182).
448. This Court also concluded that the manner in which the 11th, 14th, and 33rd wards, in particular, were drawn exhibited a significant level of political prudence insofar as the drawing of these wards avoided pitting a Latino aldermanic candidate against several of the incumbent white aldermen with the most formidable ward organizations. (P 183).
449. Based upon the foregoing facts, upon the relevant legal standards, and upon this Court's previous determination that in the totality of the circumstances Latinos and African-Americans in the City of Chicago have an opportunity equal to other members of the electorate to participate in the political process, this Court concludes that the present ward map of the City of Chicago was not the product of an intent to discriminate against Chicago's African-American and Latino voters.
For the reasons set forth above, this Court concludes that the plaintiffs have failed to prove that the present ward map for the City of Chicago violates § 2 of the Voting Rights Act, 42 U.S.C. § 1973. This Court also concludes that the plaintiffs have failed to establish that the present ward map was the product of an intent to discriminate against Chicago's African-American and Latino voters. Accordingly, the Clerk of the Court is directed to enter judgment in favor of defendants.
June 9, 1997
BRIAN BARNETT DUFF, JUDGE
UNITED STATES DISTRICT COURT
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that the plaintiffs have failed to prove that the present ward map for the City of Chicago violates § 2 of the Voting Rights Act, 42 U.S.C. § 1973. This Court also concludes that the plaintiffs have failed to establish that the present ward map was the product of an intent to discriminate against Chicago's African-American and Latino voters. Accordingly, the Clerk of the Court is directed to enter judgment in favor of defendants.
June 9, 1997