The federal judge who deemed the city’s old redistricting map unconstitutional said there’s no need for her to weigh in on the new voting lines.
U.S. District Court Judge Patti Saris, did, however, urge both sides to quickly resolve the lawsuit that resulted in her tossing the first map approved by the Boston City Council last fall, to avoid a disruption to the Sept. 12 preliminary election.
“It’s important to bring some closure to this, and rebuild some trust, and move forward in the democratic process,” Saris said at a Thursday status hearing.
She said the purpose of the day’s hearing was to “clear the air,” and stated outright that she had no intention to rule on anything.
“There is, in fact, a serious question in my mind as to whether the case is moot,” Saris said. “The original complaint only addresses the old map. The City Council has adopted a new map, and with the possible exception of a request for attorneys’ fees, I don’t see anything active with respect to the old case.”
Saris said she was “confused” by status filings made by the plaintiffs, who stated their displeasure with two changes in the new redistricting map, which moved precinct 14-14 from District 4 to District 5 and 15-1 from D3 to D4.
The original complaint cannot be amended as part of a status report, Saris said, noting that she was unfamiliar with these precincts, as they were not part of the ruling she issued last month.
Saris suggested that attorneys for the City of Boston file a motion to dismiss the lawsuit by July 14, and if attorneys for the plaintiffs want to fight that with a motion to amend, or file a separate complaint and motion for preliminary injunction to challenge the new map, they can do so.
“It’s a brand-new case,” Saris said. “It’s a brand-new set of issues and I don’t think I could do this all before the preliminary election. At least it would be a crunch for all of us.”
Frederick Dashiell, an attorney for the group of residents who filed suit against the City Council, said he didn’t necessarily agree that the case is moot. There is still a question as to whether the new map resolves the constitutional violation to the 14th Amendment, which was the basis of the judge’s initial ruling, he said.
Saris had tossed the prior map for a likely violation to the Equal Protection Clause, in terms of how the City Council factored race into the way it redrew voting lines.
Jennifer Grace Miller, an attorney for the city, said, however, that the city’s position is that the case is moot and it plans to file a motion to dismiss.
She said the old map has been enjoined, per the ruling, and the new map satisfies claims the plaintiffs made in the initial complaint. It keeps “the boot,” or four South Dorchester precincts in District 3, and keeps public housing together in District 2, Miller said.
Miller noted the city’s desire to resolve the issue quickly, stating that not only is the preliminary election pending on Sept. 12, but mail-in ballots will start to be mailed by Aug. 14, and will need to be finalized for print by July 21.
“We are really only a month away from when the final candidates in the final districts need to be set, and then that is too short a time to engage in the kind of process that would be required to hear a new claim,” Miller said.
Glen Hannington, an attorney for the plaintiffs, said he wanted to talk to his clients, but believes they can “come to a quick decision.”
“At some point, we have to call it a day, but within reason,” Hannington said.