Thread: TX: Federal voting rights trial set to begin in Irving

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Federal voting rights trial set to begin in Irving

06:53 AM CST on Tuesday, February 17, 2009
By BRANDON FORMBY / The Dallas Morning News


Hispanics make up the largest single racial or ethnic group in Irving. But creating a new City Council district where a majority of voters are Hispanic is virtually impossible, city attorneys argue in federal court filings.

Their reasoning: About 60 percent of Irving Hispanics who are old enough to vote aren't citizens and thus can't cast ballots.

That argument, based on Census Bureau estimates, is part of the city's defense in a federal voting rights trial that begins Tuesday. Irving resident Manuel Benavides is suing the city, alleging that its at-large voting method for City Council effectively denies representation to the city's Hispanics.

"You've got to have enough voters for the minorities to control the district," city attorney Charles Anderson said. "It makes it very difficult when you have a high percentage of noncitizens."

But Bill Brewer, who is representing Benavides, called the city's claims "silly." Brewer said city officials are ignoring data, including reports from experts who identified ways to draw single-member districts that contain a majority of Hispanic citizens of voting age.

"Notice Irving doesn't defend its case by pretending that the system is fair or its time for a change hasn't come," Brewer said.

Irving's mayor and eight council members are all white even though whites make up only about 35.6 percent of the city's population, according to 2007 American Community Survey estimates. Hispanics make up 40.6 percent of the population, according to the same estimate.

Benavides' suit requests that a U.S. district court declare that the city's at-large method violates the Voting Rights Act of 1965. It also asks that the city be ordered to disband at-large voting and develop a new system of electing council members.

In court filings, Benavides' attorneys say Irving's Hispanic voters have overwhelmingly cast their ballots for Hispanic candidates in recent council elections. And they argue that none of those candidates won because non-Hispanic voters, who typically cast more than 90 percent of ballots in the elections, overwhelmingly supported Hispanic candidates' opponents.

Benavides, who has twice run unsuccessfully for the Irving school board, is also suing the school district over its at-large voting system for trustees. That case has yet to go before a judge.

A suit against Farmers Branch's at-large voting system was dismissed by a federal judge last year. The plaintiffs in that case are appealing.

Karl Eschbach, Texas' state demographer, said it is not uncommon for a majority of Hispanics in Texas cities to be noncitizens. But determining the percentage of legal and illegal noncitizens in a particular city is difficult.

Census surveys and estimates don't track the legality of people's residency. Homeland Security has derived statewide estimates for how many Hispanics are in Texas illegally, but Eschbach said it would be statistically irresponsible to apply those estimates to a single city the size of Irving.

Meanwhile, Irving is also facing two other pushes for single-member districts. Five of nine charter review committee members voted last week to recommend that the City Council develop a single-member system. The committee left specifics up to the council.

"I can't say that it is helpful at all to the City Council," committee member Joe Putnam said of the committee's recommendation.

Putnam, a former Irving mayor, is also part of a group collecting signatures to force a ballot measure that would allow residents to decide whether Irving should have at least some single-member districts.

www.dallasnews.com

Get the illegals out THEN count again. I'd be willing to bet the percentages would change drastically!

The Hispanics have gotten so accustom to gerrymandering their way into office, they can't accept it when they are told no.

The Census over counts the Hispanic population by including illegal aliens and therefore actually gives them an unfair and over representation, when the Census is used to determine voting districts. The truth can be seen, in the low number of people that it takes to get them elected. They set up their elite district and are easily elected.

Dixie

Their reasoning: About 60 percent of Irving Hispanics who are old enough to vote aren't citizens and thus can't cast ballots.

Good grief!! 60 % of the hispanics in Irving are illegal!!! This is insane! Are they waiting for the number to reach 100%!

This is pure insanity!

Half of all foreign born in Texas are illegal and that's not counting the anchor babies.

Dixie

Jean,

I click on the comments and no comments are showing. The Dallas Morning News website is kind of funny sometimes with what it allows you to see.

Could you post some of the comments being made if there are some?

TexasGal

The practice of Gerrymandering should be outlawed nationwide!

Here ya go TexasGal

Posted by SellTheMavsCuban | 1 day ago

The only paragraph worth reading in this article is as follows:

"In court filings, Benavides' attorneys say Irving's Hispanic voters have overwhelmingly cast their ballots for Hispanic candidates in recent council elections. And they argue that none of those candidates won because non-Hispanic voters, who typically cast more than 90 percent of ballots in the elections, overwhelmingly supported Hispanic candidates' opponents."

The fact this suit wasn't dismissed before it got this far is disgusting.

As we've seen in Minnesota, Losers will keep counting the votes until they get the results they like...

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Posted by speak the truth | 1 day ago

I want to urge every Irving citizen to vote against this. Dallas has had this for years and look how messed up Dallas is. Irving should not be another Dallas. My question is if these hispanics are here illegally, than why are they still here? Deport them all. They have mostly destroyed south Irving as it is.

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Posted by speakinwhatifeel | 1 day ago

I know that this is petty but aren't proofing and editing part of news reporting?? Just curious about the title of this article...hmmm...someone is slipping

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Posted by 5653735991 | 1 day ago

RE: speakinwhatifeel

LOL

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Posted by My Opinion counts | 1 day ago

First and foremost, illegal aliens have absolutely no rights to reside in Irving or any other U. S. city. Secondly, the Irving City Council and city manager should empower the Irving Police Department to investigate the citizenship status of suspected illegal immigrants and report them to the proper federal authorities and request that they be deported. School Teachers should report children suspected to have illegal alien parents to the Irving Police Department for investigation even if the teachers have to do so clandestinely. And, Irving citizens should report suspected illegal aliens to applicable federal authorities.

In addition, Irving and other U. S. cities should charge a fee for printing information and forms in any language other than English. These and other acts would cease the influx of illegal aliens into Irving. It’s up to Irving to act in the best interests of citizens.

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Posted by 5653735991 | 1 day ago

Some of you small wit people think you live in a third world country where the economy is based upon the supply of food. Wake-up! You live in DFW and live in the premier capitalist economy of the world of which it breaths labor and productivity like the largest wildfire you have ever encountered. This economy has been dealt a SEVERE blow by its own (not to mention the ideals of capitalism in general). Illegals go where the economy requires extra nitrous oxide to run the engine. They won't be around much longer because the jobs are going to disappear FOR A WHILE. Sure as a baby burps on your shirt, the US will be right back stepin it up harder and faster than ever before. All I ask that you please those that make decisions is to let the productivity index wane a bit - I'm tired of working day and night!

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Posted by looptyloo | 1 day ago

where do you think bill brewer lives, in a pearly white gated community? Makes him feel like a big star, must have a little one

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Posted by looptyloo | 1 day ago

don't you just love the "noncitizens" vs "ILLEGAL" sugar coating. Whats the difference between a dead animal in the road and a dead lawyer in the road, there are skid marks in front of the dead animal.

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Posted by wp | 1 day ago

Let me get this straight: they are suing the city of Irving eventhough 60% of Irving Hispanics can't vote. Whose fault is that? Is it because a whopping 60% of Irving Hispanics are there illegally? Why isn't the government doing something about that? I've contacted some guys I worked with in Immigration about this. Thanks for the wakeup call. By the way as I mentioned before, Las Colinas and Valley Ranch should leave Irving and form their own city. Let's see have far Irving gets without that gravy train of tax money. And the Hispanics can have as many poor districts as they want.

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Posted by looptyloo | 1 day ago

5653735991, time to take your meds

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Just guessing that the makeup of the city council reflects the legal voting citizens of the city. Same is true here in Waukegan, IL where the illegals think they should have representation same as the citizens.

How does Irving still have such a large illegal population after passing laws against them? The mayor was on the Wells Report a couple of weeks ago to brag about how they have the lowest crime rate EVER since the new laws were passed. Looks like they need some help from ICE.