YAKIMA, Wash. (AP) - The Yakima City Council has voted to end a four-year fight over how the city elects its leaders, dropping its appeal of a voting rights lawsuit with the American Civil Liberties Union.
In a 6-0 vote, with one member absent, the City Council on Tuesday withdrew its appeal to the U.S. 9th Circuit Court of Appeals.
That ended a case that the council has spent more than $1.1 million defending. The Yakima Herald-Republic reported the city must now pay the ACLU $1.8 million as part of a federal court order.
“This is a $3 million reminder” that all residents should have a say in who represents them, Mayor Avina Gutierrez said.
The lawsuit resulted in a federal judge ruling that Yakima’s city council elections should be held by district last year, including two majority Latino districts on the city’s east side. No Latino had ever been elected to the council prior to those elections, but three Latino candidates won their districts in 2015.
Yakima has about 90,000 residents and the population is nearly half Latino.
The former City Council last year appealed the judge’s ruling in hopes that a U.S. Supreme Court redistricting case out of Texas would support the city’s arguments. But on Monday, the Supreme Court unanimously rejected the Texas case and took away what legal footing the city had left to argue.
There was little discussion - but a lot of smiles - before each council member voted to end the appeal. Councilman Bill Lover said it’s important the city use Tuesday’s vote as a route to a better future.
“Our actions will set positive trends that will be enjoyed by future council members and citizens,” Lover told the council.
The city did agree to a settlement with the ACLU in which about $10,000 in interest accrued on the $1.8 million court order will be waived, as well as additional attorney fees and costs accrued by the plaintiffs in the 10 months since that court order came last June.
The ACLU will also donate $100,000 back to the city for programs “to promote equity and equal opportunity for the residents of Yakima,” Senior Assistant City Attorney Helen Harvey said.
Yakima resident Nick Marquez, who previously helped organize rallies opposing the city’s legal fight, called it “a joyous occasion.”
“We shouldn’t have had to fight this hard, but fairness is never given by asking,” Marquez said. “Fairness has always been a fight.”
The long term implications of the case remain to be seen, but it has been watched in many areas of the state. For cities with growing Latino populations such as Wenatchee and Pasco, the latter of which has been contacted by the ACLU about its elections, similar reforms could take place in order to avoid costly litigation.
In Olympia, the case has been a key influence in drumming up legislative support for a state Voting Rights Act, which advocates say would prevent costly legal battles and better facilitate negotiations between local governments and concerned residents. The bill has passed the Democratic state House in two consecutive sessions, but died both times in the Republican-held Senate.
In a statement to the Yakima Herald-Republic on Tuesday, Democratic Gov. Jay Inslee said the legal fight and the changes in Yakima will continue to influence the discussion.
“In Washington, we must continue to move forward and protect enfranchisement for everyone,” Inslee said.
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Information from: Yakima Herald-Republic, https://www.yakimaherald.com
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