State Supreme Court Will Hear Santa Monica Voting Rights Case

SANTA MONICA, CA — The state Supreme Court has agreed to review an appellate court's ruling that Santa Monica did not violate the California Voting Rights Act with its at-large voting system.

The high court also ordered that the 2nd District Court of Appeal's opinion be de-published, meaning it is being removed from the official record and cannot be cited by lawyers.

In 2018, a Los Angeles Superior Court judge ruled in favor of the Pico Neighborhood Association and against Santa Monica in a lawsuit in which the plaintiffs sought to bring greater representation to Santa Monica's minority Latino population.

The judge's ruling was overturned by the appellate court.

Plaintiff's attorney R. Rex Parris argued that Santa Monica's minority voters were effectively silenced by the city's at-large election system in violation of the equal protection clause of the state constitution.

"The fight for justice is an ongoing battle and we're grateful the highest court in California has deemed this matter important enough to consider overturning the Court of Appeals' decision," Parris said.

"At a time when Americans throughout the country are fighting for voter rights, we have our own battle on that very issue right here in Southern California."'

During the trial, Parris argued that a lack of proper representation by Santa Monica's minority population in the Pico neighborhood has left the area disenfranchised and burdened with issues such as trash and construction.

The plaintiffs also alleged Santa Monica's at-large system violates the California Voting Rights Act of 2001 and is the result of intentional discrimination against the city's ethnic minority residents since 1946.

"In April 2016, plaintiffs Pico Neighborhood Association, Maria Loya, and Advocates for Malibu Public Schools filed a complaint in the California Superior Court alleging that the at-large election system for both the City Council and SMMUSD Board dilutes Latino/a voting power in violation of the California Voting Rights Act (CVRA) and discriminates against Latino/a voters in violation of the Equal Protection Clause of the California Constitution," according to the city website.

"Advocates for Malibu Public Schools later withdrew from the suit following a determination by the SMMUSD Board that the lawsuit would delay consideration of separating the Malibu and Santa Monica school districts," according to the website. "The remaining plaintiffs filed a first amended complaint on February 23, 2017, which challenged the Charter provision requiring at-large election of Santa Monica City Council members. This first amended complaint was the subject of the trial in this case."

The city has continued to appeal the ruling, arguing that the state never determined what can prove the voting rights violation.

"The City appealed because it continued to believe that plaintiffs’ claims lacked merit, and that the evidence at trial demonstrated that Santa Monica’s at-large election system for City Council members is fair and inclusive and does not dilute Latino/a voting power," according to the city.

The city released the following statement to Patch on Tuesday:

"The California Supreme Court has let stand the Court of Appeal’s ruling that plaintiffs failed to prove discrimination in violation of the equal protection clause and has granted review only on a limited issue, namely, what must be proved to establish vote dilution under the California Voting Rights Act. We remain of the view that the Supreme Court ultimately will agree with the Court of Appeal that plaintiffs failed to establish vote dilution and, as a result, failed to prove that the City’s at-large election system violates the California Voting Rights Act. The evidence at trial demonstrated that the City’s at-large elections do not diminish the voting power of Latino voters, who have repeatedly elected their preferred candidates."

- City News Service and Patch Editor Nicole Charky contributed to this report.

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