10.07.2015 Views

Zé Pedal - CALANGO BIKERS

Zé Pedal - CALANGO BIKERS

Zé Pedal - CALANGO BIKERS

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Case 3:11-cv-00123-TCB Document 161 Filed 07/03/13 Page 16 of 19in which it held that upon Plaintiffs’ showing of the three Ginglespreconditions 5 “the case is over,” i.e., the Court did not require Plaintiffs toprove any of the Senate Factors. The Court is baffled by the CountyDefendants’ contentions.In its order, the Court devoted thirty-one pages to analyzing each ofthe Senate factors and expressly found that the following factors weighed inPlaintiffs’ favor:Past Discrimination and Lingering Effects: “In sum, based onGeorgia’s long history of discrimination, the Court finds that thisfactor weighs in Plaintiffs’ favor.” [152] at 52. 6Racially Polarized Voting: “While a vote dilution claim must fail‘[w]hen the record indisputably proves that partisan affiliation, notrace, best explains the divergent voting patterns among minorityand white citizens,’ LULAC v. Clements, 999 F.2d 831, 850 (5thCir. 1993), because the County Defendants do not offer anyevidence, or even analysis, in support of their contention thatracial bloc voting could potentially be related to politics rather5 The County Defendants also offer the conclusory statement that the second andthird Gingles preconditions “usually will be” met. However, defendants commonlychallenge, and even defeat, § 2 claims by prevailing on the second and/or third Ginglespreconditions. See, e.g., Johnson v. Hamrick, 296 F.3d 1065, 1078-81 (11th Cir. 2002);Burton, 178 F.3d at 1201; Brooks v. Miller, 158 F.3d 1230, 1240-41 (11th Cir. 1998); Cityof Rome, 127 F.3d at 1377-85; SCLC, 56 F.3d at 1292-94.6 The County Defendants contend that based on the Court’s holding—that thisfactor did not weigh heavily in support of Plaintiffs due to Plaintiffs’ lack of evidenceregarding past discrimination specific to Fayette County—this factor added no weight tothe Court’s analysis. This argument obviously overlooks the Court’s holding that thehistory of past discrimination in Georgia added weight to a finding of vote dilution.16

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!