The opinion of the court was delivered by: BUCKLO
MEMORANDUM OPINION AND ORDER
On April 1, 1998, the Seventh Circuit Court of Appeals issued its opinion affirming in part and vacating in part the opinion of Judge Duff following trial of this case. Barnett v. City of Chicago, 141 F.3d 699 (7th Cir. 1998). On May 12, 1998 this case was reassigned to me for further proceedings consistent with the direction of the Court of Appeals.
In its decision, the Seventh Circuit held that in terms of citizen voting-age population and proportional voting power, African Americans are underrepresented in the existing City aldermanic map by one ward. The Court noted that one of the maps introduced by the plaintiffs would achieve proportional equality but that the record did not provide a sufficient basis for determining whether deviations from proportionality were justified by other considerations. The Court concluded that further proceedings therefore were needed to determine whether the City of Chicago's 1992 aldermanic map violates the voting rights of African American residents of the City under Section 2 of the Voting Rights Act, 42 U.S.C. § 1973(b).
In this court the parties have raised various issues. Defendants moved to dismiss on the ground that the population of Chicago has changed so much since 1990 that plaintiffs effectively now are a majority in at least 20 wards. I rejected defendants' attempts to produce such evidence on the ground that the Seventh Circuit has stated that the census data is "the relevant data for assessing a claim under Section Two." Dickinson v. Indiana State Election Bd., 933 F.2d 497, 502 (7th Cir. 1991).
Indeed, the Seventh Circuit relied on 1990 census data in its opinion in this case and did not indicate that any new evidence with respect to this subject was to be considered on remand.
Following my order that further proceedings were to concentrate on the map referred to by the Court of Appeals, defendants also moved to decertify the class on the ground that none of the named plaintiffs live in the wards that would be affected by that map. That motion was denied because plaintiffs' claim is a citywide claim and is not limited to particular wards. It has been so viewed in two opinions by the Seventh Circuit. Barnett v. City of Chicago, 141 F.3d at 703-06; Barnett v. Daley, 32 F.3d 1196, 1202 (7th Cir. 1994). Thus, although the focus of the present proceeding has been on one part of the city, the claim continues to be one for citywide dilution of African American voting rights. Accordingly, the named plaintiffs have standing. Alternatively, I granted plaintiffs' motion to add additional plaintiffs who do live in the wards affected by the proposed map.
After considering legal and factual memoranda submitted by the parties with respect to the maps submitted by the plaintiffs,
I held an evidentiary hearing, on August 3 through 5, 1998, limited to the issue of topographical, cultural, and economic factors that may affect communities of political interest.
This opinion constitutes my findings of fact and conclusions of law.
Maps 2 and 19 (as they have been referred to in the proceeding before me), would provide proportional representation to African Americans in creating 20 wards in which African Americans would constitute at least 65 percent of the total population. That is not the only criterion in determining whether defendants have violated the Voting Rights Act. The statute requires me to consider "the totality of the circumstances," which the Seventh Circuit defines as a consideration of such factors as "the compactness of districts and the desirability of preserving continuity and recognizing topographical, cultural, and economic factors that may make one ward mapping preserve communities of political interest better than another." 141 F.3d at 705. Each of these factors will be considered.
The first factor is compactness. The test is whether the proposed wards are, at worst, "merely irregular" in shape as opposed to "grotesque." Id. Maps 2 and 19 both focus on the southwest corner of the City. Both would move portions of the population from ward 18 to wards 13 and 19, move others from 13 to 18, still others from ward 21 to 18, and move the line of ward 21 west to take in part of the population of ward 19. Map 19 is nearly identical but makes some changes apparently in response to earlier criticisms of plaintiffs' map 2. Neither map creates wards that are grotesque in shape. The most irregular part of the two maps is a panhandle added to ward 19, resulting from moving portions of ward 18 to ward 19, which addition, while connected to the northern portion of existing ward 19 also borders on the suburb of Evergreen Park. Not only is the addition not "grotesque" in shape, however, but it is also no more irregular than many wards in the existing ward map drawn by the City. See, for example, wards 2, 3, 21, 27 and 30. Where a proposed map contains districts that are of similar compactness to those in a challenged map, compactness ordinarily is not a consideration. Houston v. Lafayette County, Miss., 56 F.3d 606, 611 (5th Cir. 1995). Particularly since I do not find plaintiffs' proposed changes in wards to be any more irregular than ordinary ward configurations, I conclude that in terms of compactness, plaintiffs' map is comparable to the City's map.
The second factor to be considered in comparing a more proportional map in terms of representation with the City's map is the "desirability of preserving continuity." Barnett, 141 F.3d at 705. Plaintiffs' maps would move portions of the population that for many years have been in wards 13, 18 and 19 to other wards. The City, however, had also changed the boundaries of these wards, placing part of the population of each in new wards in the existing map.
Furthermore, every one of the 50 wards in Chicago was changed somewhat, some bearing essentially no resemblance to their prior boundaries. Judge Duff found that the City's map resulted in "significant changes in traditional ward boundaries." Barnett v. City of Chicago, 969 F. Supp. 1359, 1398 (N.D. Ill. 1997). In terms of percentages, plaintiffs' maps do not move more of the population than were moved by the City's map.
In addition, defendants' own map drawer testified at the trial before Judge Duff that in at least one case part of the population of one ward was moved to another (ward 21) simply because an alderman wanted to be rid of the area. Defendants argue that plaintiffs have provided no explanation for the population changes made by plaintiffs' maps, and say the only reasonable explanation for drawing ward 18 to exclude the current alderman is to prevent his reelection. With respect to the current alderman, I find no evidence that plaintiffs intentionally drew a line to exclude him from representing the 18th ward. It is undisputed that his residence is on the far southwest corner of ward 18, and if plaintiffs were going to draw an 18th ward that brought in additional African American population from the east, it was logical to draw a boundary that excluded the far western part of the ward, in which Alderman Murphy's residence is located. Accordingly, the fact that the result of creating an additional African American ward is to move people from one ward to another is not itself significant in this case.
The third relevant factor that must be considered is communities of political interest. Prosser v. Elections Board, 793 F. Supp. 859 (W.D. Wis. 1992) (three-judge court), explained that a district should generally share "a reasonable homogeneity of needs and interests" such that its representative can represent all of his or her constituents. Id. at 863.
Much of the argument in this court has centered on the degree to which constituents can differ in social-economic circumstances and still have reasonable homogeneity.
Various experts, aldermen, community representatives and residents testified regarding the community interests of residents of the 18th, 19th and 21st wards in Chicago.
Although the aldermen (Rugai and DeVille) for the 19th and 21st wards testified that they would have difficulty representing the constituents that plaintiffs' proposed maps would place in their wards, I did not find this testimony credible. Alderman Rugai's testimony with respect to the proposed addition of mostly white residents from the 18th ward was not believable. From all the evidence presented, they share the same interests and economic status as most of the residents of the 19th ward.
Neither do I credit the argument that because they live on what would be a panhandle to the rest of the ward that it would impair their interests. The area is separated by a forest preserve but that kind of separation is common to other areas of the city that have been placed together in existing wards. See, for example wards 5, 9, 36. Indeed, the Mt. Greenwood section of the current ward 19 is similarly separated from the rest of ward 19 by a cemetery and country club.
There was no evidence that their interests are in any way impaired by this separation.
Defendants vigorously argue that cultural and economic differences between persons now in the eastern part of ward 19 who would be moved to ward 21 by plaintiffs' maps and the majority of residents of ward 21 create a divergence of political interests that when balanced with other factors, outweigh the gains of proportionality. The eastern part of the 19th ward, and the area affected by the proposed maps, is the Beverly-Morgan Park area of Chicago. The area is a recognized neighborhood in the City, characterized by a cohesive, active community, an historic district, neighborhood and business associations, and racial integration. Various residents as well as community leaders testified that if 8500 residents (about 20 percent of the total population of the neighborhood) are placed in another ward, the character of the neighborhood (including integration) will be threatened.
In response, plaintiffs point out that the City map itself displaced some 1400 Beverly-Morgan Park residents into either the 21st or 34th ward without serious consequence to the neighborhood or the ability of the community as a whole to protect its interests. This is, of course, a less significant number.
Plaintiffs also refer to the division of wards in Hyde Park-Kenwood to demonstrate that the character of a community is not defined by political wards. Defendants counter that Hyde Park is different because it includes the University of Chicago, which experts agree has exerted a powerful influence on the Hyde Park-Kenwood community. They say Beverly-Morgan Park is more vulnerable because it has no comparable institution. While the Hyde Park-Kenwood community does have significant differences, ...