CHARLOTTE — On Wednesday, a federal judge dismissed the case involving a lawsuit that was filed on behalf of people in Charlotte’s Hidden Valley neighborhood.
“Plaintiffs may desire to have been placed in a different electoral district, but unless they can establish a legal claim of racial gerrymandering, their remedy is through the political process, not the legal system,” according to court documents. “Courts only take the extraordinary step of intruding on this political process when there is clear evidence that constitutional rights are being violated. There is no such evidence here.”...
In early February, the judge continued the case.
The suit was filed over redrawn city council districts.
There was no evidence that the city marginalized voters of color in the most recent redistricting, court documents stated in the dismissal.
“And there is ample evidence that the city undertook to cure the constitutional defect caused by districts that were not ‘substantially equal’ in size as a result of population shifts. Plaintiffs cannot plausibly allege that they are victims of racial gerrymandering as that is understood by courts.”
“We are still fighting,” plaintiff Charlene Henderson said. “We are still making our way to victory. It is important that we continue to stand up for communities that are marginalized so they have a voice.”
Concerns from neighbors
Channel 9 reporter Anthony Kustura has covered the fight since it started in 2021. In all, 16 precincts are affected by the city’s redistricting. It’s a big deal as another election year approaches.
Neighbors in Hidden Valley said earlier this year that they will lose their voices in city council if a judge does not block a new map.
Several Hidden Valley residents protested the proposal earlier in the fall. Two neighbors presented 400 requests asking city council to reconsider last year, but they said city council members ignored their petition. Together, Charlene Henderson and Cedric Dean then filed the lawsuit in federal court.
The concerns arised over the plans for Hidden Valley to change from District 4 to District 1. Residents say if the change goes through, their predominantly Black neighborhood would be lumped in with other areas like Plaza Midwood and Dilworth.
The lawsuit filed last year alleges that the redistricting plans are racially discriminatory and unconstitutional.
[ PREVIOUS: Charlotte City Council OKs redistricting map including Hidden Valley changes ]
The city fired back, saying the move balances the districts. The city also said it had to redraw the maps because Charlotte has grown so much.
After the hearing, Redistricting Chair Malcolm Graham said everything was above board and he is confident the city will prevail.
“We’ve done our job and we’ve done it correctly,” Graham said. “I applaud them for stepping up in their community, but in this case, there is no claim.”
In February, a federal judge decided to continue the case to give Hidden Valley time to hire an attorney. Hidden Valley struggled to state a claim in court and had the judge not given more time, the case likely would have been dismissed.
The plaintiffs claim no attorneys had an interest in this case because they don’t want to battle the city. The judge was skeptical of that claim, saying there are plenty of civil rights lawyers who would love to take this on if there is a legitimate argument.
(WATCH BELOW: Hidden Valley neighbors file lawsuit to delay city council redistricting vote)
This browser does not support the video element.