Page A-4 • Tuesday, March 22, 2016 • Financial News & Daily Record
Federal judge strikes down ‘prison gerrymandering’ By Brandon Larrabee The News Service of Florida A federal judge has struck down county commission districts in a rural North Florida county — a potentially precedent-setting decision that could play into a challenge of the state’s congressional lines. U.S. District Judge Mark Walker ruled that the five districts in Jefferson County violated the constitutional principle of “one person, one vote” because one of the districts’ population included a state prison. Counting inmates who can’t vote in that district’s population meant there were fewer voters in the district than in other county commission seats, watering down the influence of citizens elsewhere. Districts at most levels of state government are changed every 10 years to account for population shifts found by the U.S. Census. Many governments count prisoners toward districts’ population numbers. “To treat the inmates the same as actual constituents makes no sense under any theory of one person, one vote, and indeed under any theory of representative democracy,” Walker wrote in the decision, dated Saturday. “Furthermore, such treatment greatly dilutes the voting and representational strength of citizens in other districts.” The American Civil Liberties Union of Florida, one of two groups that filed a lawsuit challenging the districts on behalf of four Jefferson County residents, said Walker’s decision was the first time a federal court has struck down districts for “prison gerrymandering.”
Brown “Judge Walker’s ruling holds that political maps can’t be drawn in a way that exploits the exploding populations of our prisons by using inmates who have no political influence over local politics to dilute the voting strength of local residents,” said Nancy Abudu, legal director of the ACLU of Florida. “Those who engage in prison gerrymandering should be on notice that this unconstitutional practice is subject to challenge.” The Florida Justice Institute worked on the lawsuit with the ACLU. The immediate effect of the ruling is to force Jefferson County to redraw its five commission districts while excluding the inmates of Jefferson Correctional Institution. But it could have far-reaching implications if Walker’s decision stands up to any appeal and if similar reasoning is used in a lawsuit by Democratic Congresswoman Corrine Brown dealing with the boundaries of Florida’s 27 U.S. House districts. Walker sits on the three-judge panel set to hear Brown’s pend-
ing lawsuit. Walker’s ruling in the Jefferson County suit focuses heavily on the “representational nexus” between the prison inmates and members of the Jefferson County Commission and the county’s school board, which uses the same lines. Walker ruled the inmates’ lives aren’t affected by the actions of county government because the prisoners are largely controlled by state laws and policies issued by the Department of Corrections. Walker also emphasized the isolation that prisoners face and the size of Jefferson County — which had a population of 14,761, including the 1,157 inmates — as other factors in his decision. “If any of these features were not present, this would be a different case,” Walker said, specifically citing state legislative districts as an example. In addition to the differences in the level of government, Brown’s case doesn’t deal directly with “one person, one vote.” Instead, it challenges the state’s new congressional plan on the grounds that orienting her district from east to west, instead of its current north-south configuration, undermines the ability of African Americans to elect a candidate of their choice. As part of that argument, Brown has underscored that the number of prison inmates in the area make the district look more likely to elect an African American in theory than it is likely to do so in practice, because the prison population “is disproportionately black,” according to one of Brown’s filings. A hearing in the case is scheduled for Friday.
Uber, Lyft Continued from front page
It’s expected next year the Senate will be more receptive to passing a regulation bill and Schellenberg said he’d like Jacksonville’s policies to mirror those as closely as possible. Another part he’d like to see is drivers for Uber and Lyft having identifiable stickers or decals, which would help with enforcement efforts. Council member Bill Gulliford said he still has questions and concerns on the whole matter and wanted to ensure background checks, vehicle inspections and insurance levels were enough locally. He said he expected the Legislature to fall short, and now that it has, it’s time to deal with the issue. “I want to see fairness,” said Gulliford, referring to the longstanding backlash from taxi companies on the issue. The city has stricter regulations on taxis, including requiring
commercial insurance and medallions, which allow drivers to pick up fares. Those medallions cost about $100 and are required to be renewed annually, although council passed a moratorium on collecting those fees until the Uber and Lyft issues were settled. Council member John Crescimbeni advocated for that moratorium, which ends at the end of the month. Like Gulliford, he expected the Legislature to fall short. He’s been a staunch supporter of having a level playing field between the transportation networks and taxi companies and expects action now that it will be another year before anything happens at the state level. “I’m tired of wasting time and spinning the wheels on this issue,” said Crescimbeni. He plans today to bring up the expiring moratorium, several
media articles about Uber and Lyft drivers breaking the law and the stalled local ordinance that would provide additional penalties for violations. Crescimbeni said after talking to taxi company officials, they for now are in favor of giving the impoundment of rule violators a try. Still, Crescimbeni doesn’t think it will solve the problem. Laws are being broken now, he said, with transportation network companies going out of their way to avoid following the rules and enforcement efforts being lax. The Jacksonville Sheriff’s Office and the city’s Office of Public Parking have teamed on enforcement in the past. Police officers need probable cause, which can be difficult without cars being identified. And the public parking office can’t make vehicle stops. dchapman@jaxdailyrecord.com (904) 356-2466
2016 Spark Walk creators Sixty-six projects were selected to participate in next month’s Spark Walk exhibition. The event, scheduled for April 6, is a merger of One Spark and the First Wednesday Art Walk. See related story on Page A-1. 3D Printed Figurines Adsmoi: An Alternative to Traditional Fundraising Agrowbot Trays (Hydroponic Farming) All Access Health Alliance for Regenerative Medicine in Microgravity Alzwear Apps Studio Beauty For Freedom Bedder Covers Build Downtown Champaint777 Clinical Simulation Education Devices Cloop XL DIGITZ DIY Auto Hobby Shop Donasity Double Doggie Dream Realty Artificial Intelligence Real Estate Search Electric Bicycles for Jacksonville Fantasy Crowd Ferox Urbs GYO GREENS Herodicus Home Grown Ingot LLC Jacksonville Reclaimed Wood Kash Kids L337 Bar LST Tops Mag Moto Mangobeat Modasten MOOI DESIGNS Out on a Limb with Forgotten Fruit.org People’s Food Co-op Personal Portable Tables Ponch-O-Pillow PopUpConnect.com Prescribe Exercises Preflator Tire Inflator Ratchet Jacket Recycled Granite Manufacturing Facility Expansion Recycling Cards Project - Papa Cartão Reviticell Kits Scent-A-Mental Notes Sea to Sea Turmeric Tea Shngli - Mobile/Web-Application SIAD Nanophotonic Water Purification Slouchy Beanies: Beanies that Make a Statement Sprag Clutch Freehub Stand Perfect Tarzan Group TenantTag The Big Band Project 2.0 The Lock Watch The Orange Barrels The Sweet Spot The Urban Apple Market Toroid Turbine TopXNotes 2.0 Unhidden Face Masks VESTPAKZ ViaClarus Visionary Coffee Waffle Foods Youth-Basketball-Camps.com
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