BoE makes case for district appeal
Wednesday, March 19, 2014 - 7:08pm
Submitted by Ben Nelms
Submitted by Ben Nelms
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County Commission poised to join in
One local government has made the decision to appeal the recent district voting decision ordered by a federal court judge, and another is expected to join that attempt.
The Fayette County Board of Education in executive session at a March 14 called meeting voted 3-1 to appeal the mid-February decision by U.S. District Judge Timothy Batten that set aside Fayette’s long-standing at-large voting format.
The other defendant in the NAACP Voting Rights Act lawsuit is the Fayette County Commission, which has made no public announcement about its plans to appeal.
However, an email exchange between Commission Chairman Steve Brown and one of the winning plaintiffs in the lawsuit suggests that the county plans further legal action.
The school board’s vote was 3-1, with Democrat Leonard Presberg opposed and Republicans Bob Todd, Marion Key and Barry Marchman in favor of the motion to appeal.
The Fayette County Commission, a co-defendant in the case, will also pursue an appeal of the district voting ruling. A recent comment from Commission Chairman Steve Brown indicates why such an appeal is likely to occur.
The remark was contained in an email from Brown to one of the lawsuit plaintiffs, Dan Lowry.
“Racial gerrymandering is unacceptable and we do not want our recent ruling to become the new precedent for discrimination based on race,” Brown wrote. “We do not believe that you should discriminate based on race for any reason, going in either direction.”
As for the school board’s decision to appeal, Presberg prior to the vote said, “I couldn’t disagree more strenuously. I think this is a waste of money.”
Presberg said the lawsuit was one that “we lost every step of the way.
“There are people in this county who feel like their vote is not counted and (with the federal ruling) they celebrated a long-fought victory to have their vote count,” Presberg said.
Speaking prior to the vote, Marchman said several candidates for the school board and Fayette County Commission during their campaigns said they would push back on the disenfranchisement of the voters if district voting was implemented.
“This is a promise kept, and I want to remind voters that their voice was heard,” Marchman said.
In an email exchange with plaintiff Lowry, Marchman wrote, “I firmly believe we are making the right decision in this case for our county and for our children. We do not want to turn our county into five fiefdoms that are constantly at odds with each other. We do not want to go back to the ‘separate but equal’ doctrine and we do not want to teach our children that people who God made are primarily defined by the pigment in their skin. This is an evil that is worth fighting and I believe that we have the support of the vast majority of this county.”
Key on Monday said her vote to appeal was based on two considerations.
“I disagree with the district boundary lines recently drawn by the federal judge,” Key said. “And I don’t think district voting will be good for the entire school system.”
Key noted that when the school system’s initial district voting map was approved by the school board on Jan. 9, 2012, that approval came on a 3-2 vote, with Key and Todd opposed.
“I felt that the true opinions of the board hadn’t been represented,” Todd said Monday, noting that members of the school board and county commission were elected to be equally responsible for all parts of the county. “With district voting the focus is now on what I have in my district and what I can negotiate with someone else for their district.”
Under district voting, Fayette residents will no longer be able to vote for all five posts on both the board of education and the county commission. Instead, voters will be restricted to casting ballots for just one post on each group: the one corresponding with the geographic district the voter lives in.
The new map and the majority-minority 5th District are the result of a voting rights lawsuit filed by the National Association for the Advancement of Colored People (NAACP) and several individual county residents. The suit claimed at-large voting prevented black residents from electing the candidate of their choice.
The lawsuit specifically noted that no black candidate had ever been elected to the school board or the county commission.
The new district map and district voting process ordered by the court is being used for this year’s school board and county commission elections.
— Additional reporting by John Munford
Wed, 03/19/2014 - 9:25pm
#2
What are our chances?
Before you start spending our money, you owe the citizens the logic, odds of success, and the amount of money you're willing to spend on this challenge.
I too would like to know a little more about our chances. But that may be hard to gauge. In todays world it seems that the court can come to any decision and find a way to justify it. For example the supreme court could not pass Obamacare because the fees being charged were not a tax. So they just rename the fees to taxes and pass it after our liar in chief promised us that it was not a tax. I have mixed emotions about this decision myself. On one hand I agree that it's not wise to throw good money after bad. But on the other if we don't fight for our children and their futures what group will see us as easy pickins and come after us in the future? Using the logic that we won't fight as we're afraid and won't spend money to defend what we believe. If we overturn this racist ruling I'll gladly pay another $25-$30 a year in property taxes. But I would like to know that we have a fighting chance.
Sat, 03/22/2014 - 7:45am
#3
Earl E Bird
I agree with you. " But on the other if we don't fight for our children and their futures what group will see us as easy pickins and come after us in the future? Using the logic that we won't fight as we're afraid and won't spend money to defend what we believe. If we overturn this racist ruling I'll gladly pay another $25-$30 a year in property taxes."
While you go on to say you want to know that we have a fighting chance, in my eyes, sometimes it is more important to stand up for what you know is right. I admire the BOE and the BOC because they are not rolling over. People like them led the Revolutionary War. They were people like the "over the mountain men" who were so incensed that the English threatened their families...that they came over the mountain after the English well trained and equipped army, with nothing more than pitchforks, axes, and whatever else they could find. They whipped the English's butts. Sometimes determination against what is wrong is everything.
Wed, 03/19/2014 - 9:39pm
#4
Exactly right
I think the whole situation stinks and the community is better off as it was. However, we lost every step of the way. Maybe we need better lawyers, but at what cost and odds. I don't begrudge our elected for wanting to fight this. All I ask, I that they provide the logic, the odds of success, and the amount of money and time they are willing to go.
Just saying, they are doing this because that's what the majority wants, for a 10% chance this will be overturned doesn't make fiscal sense when we have other problems like clean water, and no raises for staff.
Sat, 03/22/2014 - 7:50am
#5
I think we should go for it
If we lay down, we will never know. That is how the NAACP has won so many battles. We may loose, but let's give the hell. I want to go down as an admirable foe (if I go down)
Sat, 03/22/2014 - 9:15am
#6
And maybe we can showcase our county on the national stage
The publicity might be a good thing and may catch the notice of some business owners in the north who have seen their neighborhoods beaten down by the racist NAACP machine and they may want to move here since we didn't roll over and play dead. Well, we did at first, but never mind that - this is a do-over!
And of course since this whole thing is entirely racist and driven by skin color, the NAACP will get some ridicule and bad publicity out of it plus they will be spending money on lawyers as well.
We really can't win since their brand of racism and intolerance is embraced at the highest levels, but if we showcase that it may help turn some people around after all. I'll bet David's Mom is rethinking her position already.
Sat, 03/22/2014 - 1:07pm
#7
Maybe a fund?
Maybe someone should start a fund that we could contribute to, to fight this racism? So that the county doesn't foot the entire bill and those that fear an increase in their taxes would have less reason to object to an appeal. Maybe even if we lose we could make the "victory" more costly than the NAACP ever thought it would be.
Sat, 03/22/2014 - 10:08am
#8
The facts as are being shared
The NAACP went to court to establish voting rights for an identified minority group in a county in Georgia. The NAACP documented that a minority had not been elected to two governing bodies in over 100 years. The courts agreed that the implementation of the Voting Rights Act had been delayed due to Districtwide voting in this county. There is only one other county in the state of Georgia that has Districtwide voting. It was assumed that the NAACP wanted a black elected to the BOE. Low and behold, the spokesperson for the NAACP stated that they support the 'white' person who is eligible to run for the office (he was appointed). He has represented the wishes not only of minorities in the county, but others as well. The majority of voters in this county are Republican. The candidate for this majority / minority district is a Democrat. Business owners are very interested in Fayette County because of the reality of the acceptance and treatment of the 21% of the minority citizens who live and work in FC. This county represents the New South. Scream and yell about a Democrat's possibility of being elected. - but calling the NAACP racist will be disingenuous at this point. IMO.
Sat, 03/22/2014 - 11:34am
#9
Blah blah blah
Bless your heart!
Sat, 03/22/2014 - 3:09pm
#10
She actually believes her own BS
Knowing business owners from my job, my marriage and my church - here are the actual facts. They could care less about the 21% or any minority or any majority. They are not bigots or racist. They are all smart enough to know that Democrat policies are truly regressive - slavery being the biggest and worst one they supported followed closely by labor unions. Since slavery is illegal and labor unions are not, guess what business owners are avoiding when thy relocate - especially to GA - hint, it is a right to work state.
I'm all for a minority getting on the school board, although I don't think a black minority that is a registered Democrat can be very smart about the history of slavery and the role the Democrat party played in that. And we don't want unsmart mindless liberal puppets being responsible for managing the BOE - do we? I'd rather not have a minority be on county commission at all - especially a black minority. They tend to be divisive and racist and that gets in the way of governing. If anyone wants to challenge that last statement, please refer to the NAACP lawsuit and the individuals behind it.
So, if it must be, then let us recognize that Fayette County is 20% or 1/5 black and set a quota of 1 black on each BOE and County Commission, but only 1. Can't have a second until the black population reaches 40%. And if Hispanic or Oriental get to 20%, they they can have 1 as well. Seem fair, everybody?
Sat, 03/22/2014 - 10:14pm
#11
BS - and Mudcat believes hers/his!! LOL!
They are all smart enough to know that Democrat policies are truly regressive - slavery being the biggest and worst one they supported.
Democrat policies truly regressive? Did you ever hear of the policies of the Dixiecrats?
http://en.wikipedia.org/wiki/Dixiecrat
The ‘south’ left the Democratic Party when President Johnson signed the Voting Rights Act – which regressive policies, according to some would give people of color an opportunity to exercise their right to vote in the United States. The Democrats supported slavery – in the days of Lincoln. Take a look at current day practice of the Democrat Party in the south. Is it regressive to fight for all citizens to have an equal opportunity? The Dixiecrats were short lived – but the south became Republican in the 60’s – and Jim Crow flourished. You can’t change history – and Mudcat – I also attend an integrated church, have all ethnicities employed in a family business, and we, as African Americans who live in the south are smart enough to trust people as individuals – and bless your heart- watch our backs.
I'm all for a minority getting on the school board, although I don't think a black minority that is a registered Democrat can be very smart about the history of slavery and the role the Democrat party played in that. And we don't want unsmart mindless liberal puppets being responsible for managing the BOE - do we? I'd rather not have a minority be on county commission at all - especially a black minority. They tend to be divisive and racist and that gets in the way of governing. If anyone wants to challenge that last statement, please refer to the NAACP lawsuit and the individuals behind it.
Wow, they told me that some ‘citizens’ of FC really believed this version of ‘history’. I guess believing this does help with the false feeling of responsibility some hold for the evils done in the past because of slavery and Jim Crow. Move on Mudcat! There are people of different colors, different philosophical beliefs, different educational experience who are smarter than some ‘white’ people. Districtwide voting reportedly gives those who believe, like your words express, the opportunity to deny a person of color to participate in the governing process in FC.
Thanks so much for posting.
Sat, 03/22/2014 - 8:49pm
#12
I know what you are going to say -"What difference"
Specifically, "At this point what difference does it make?"
BTW, nice pants.
Ok, mighty fine, but I have to give you the what for speech.
Quotas? Not a good idea.
NAACP racist and divisive, not good to mention that. Yes, I know it is true, but the power of racists and bigots is to deny the truth and embrace the feelings and attack the messenger - in this case the attackcat..
Dems supported slavery? Are you kidding me? Yes, I know it is true, but you are not allowed to say that nowdays.
Labor unions are untouchable - get over it, powercat.
We all feel we were wronged and we don't like it. Of course the attorneys going to say, we got the short end, but we can win this time, lol.
Before you start spending our money, you owe the citizens the logic, odds of success, and the amount of money you're willing to spend on this challenge. If our great lawyers lost every battle to date, what makes anyone think they can win this time? How much of the kids money are you willing to spend and how long are you willing to fight this?