Memorandum Opinion
Public Court Documents
January 20, 1983
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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Memorandum Opinion, 1983. 4faef257-d492-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3e634927-2d2c-4db4-ab6b-58351f792fbf/memorandum-opinion. Accessed November 28, 2025.
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, IN THE UNITED STATES DISTRICT COURT
I FoR THE NoRTHERN DISTRICT OF TE)(AS
LUBBOCK DIVISION
REV. ROY JONES, et a1.,
JANZ 5 ffil.l',tiffs,
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RECETVED
v.
CITY OF LUBBOCK, TD(AS, et
Defendants.
MEMORANDTM OPINION
This case came on for trlal before the court on the 10th day of
January, 1983, with all parties and attorneys present. The court has
heard and considered the evidence offered, the pleadings, and the brlefs
aad'arguments of the attorneys. The case is pending before the court on
remand from the United States Court oi Appeals for the Fifth Circuit.
Jones v. Cltv of Lubbock, 640 F.zd,777 (5th Clr. 1981); Jones v. Cltv of Lubbock,
682 F.2d 5O4 (5ttr Ctr. 1982)
Subsequent to the courtts original jud-gment in this case, on June 8,
ltg7g, the Supreme Court, of the Unlted States decided t\do cases, City oi
Moblle v. Bolden, 445 U.S. 55 (f980), aud Rogers v. Lodge, _ U.S. _,
102 S.Ct. 3272 (1982). The remaud to this court was for the purpose of
reexamining the evidence and to give appropriate conslderation to the
teachlngs of these two Supreme Court decisions whlch were decided after
the courtrs origlnal judgroent ln this case.
In additlon, the Congress of the United States has amended the
Vot,lng Rlghts Acr of L965, Pub. L. No. 97-205, 96 Srat. 131 (June 29,
1982) (codified as amended at 42 U.S.C. S$ 1973 et seq.). This amendment
to the Voting Rights Act of 1965 is alleged as an additonal ground for
rellef by the plaintiffs ln their flrst amended original complaint.
At the comnencement of the trial on January 10, 1983, the court announced
that in reaching lts final decision, lt would consider not only the evidence
OO
introduced at the current trlal, but the court would consider as part of
the evldence ln thls case all the testlmony and exhlblts which had been
introduce the first trial ln 1,978. It wduld be ln llght of all of
sal"d evldence that, the court would render lt,s decislon.
The court has previously fl1ed a rnerDorandun oplnlon to support its
1979 judgoent, and the findings and conclusions in that memoranduo
opinion are incorporated hereln, except that, lf there is a confllct
.'
between the 1979 memorandum and this memorandum, the findings of fact
and concluslons of law in this opinion w111 prevail. Further, the court
adopts all of the stlpulations of the parties."" p"ra of 1ts findlngs of
fact.
Although the meuorandum opiaion of June 8, 1979 sets forth the
controversy involved and the posltions of the respectlve parties, the
court surmarlzes the nature of the controversy as follows:
The naned plaintiffs, representing two se_parate minorlty groups,
Lt
Blacks and Mexican-Anericans residing in the City of Lubbock, contend
that the at-Iarge system of election of the four members of the Clty
Councll of the City of Lubbock constltutes arr abridgement and dllutlon
of thelr vote in such races. Thqy point out that the at-Large systen
does aot have any resldency requlreuent, that the candldates are required
to recelve a maJority of the vote before being elected, that the candidates
run by a nr:nbered place, which constltut.es an anti-single shot vot.ing
pract.ice, and that these requirements deny thelr constltutional rights
under the Flfteenth Amendment and the Votlng Rights Act of 1965 as
,mended. Itre plaintiffs have also pled a Fourt.eenth Amendnent violatlon,
LI
For the purposes of this opinlon, the term "Mexican-Americans" will
be considered to include "Hispaniesr" "spanish surnamed" and those of
"spanLsh-origln." Although the court recognizes that distinctions rnay
be drawn between the various terms, the court belleves that such distinctlons
do not affect the findings in this case, and all such groups are considered as
comprising one minorlty class known as "Mexican-Americans."
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but rhis |t"ntion sras neither argued nor presented to alta .a
this second trlal, and the deteruination of any such Fourteenth Aslendment
violatlon is not necessary. The defendant clty and city officlals
counter with. the posltlon that there is no dilution or denlal of these
mlnorlties to fully partlclpate in the electlon process in Lubbock,
Texas because Lubbock peralts one to announce and run for places on the
Clty Councll wlthout payDent of a fl11ng fee, Ehe necesslty oi a petltlon,
or any other restrict,ionl and that all parties, including minorities,
can vote without the payment of any poII tax and without any hindrance
whatsoever from the clty or any of its officlals.
In entering lts lnltlal judgoent, this court atteEpted to folLow
the standards and crlt,erla as requlred by the Unlted States Court of
Appeals for the Ftfth Circult in Zinmer v. McKeithen, 485 F.zd L297 (5th
Cir. 1973) (en banc), afftd' on other grounds sub nom. East, Carroll Parish
School Bd. v. MarshaLl, 424 tJ.S. 636 (L976), and Nevett v. Sides, 57L F.zd
2Og (5th Cir. 1978), cert. denled 445 U.S. 951 (1980), as welJ- as the
United States Suprene Court in Ehite v. Regester, 412 U.S. 755 (1973).
The decisions in Moblle and Rogers, citing l{ashington v. Davig, 425 U.S. 229
(L976), and other Suprepe Court decisions, reguired a discriminaLory
Lntent before relief could be given for an alleged Fifteenth Amendment
violat.ion
The Congress of the Unlted States, in amendLng Section 2 of the Voting
Rlghts Act of 1965 on Ju,ne 29, 1982, added language which has been referred
to as a "results'r test as distinguished from the intent apparently requlred
by Mobile and Rogers. The CongressionaL Record of the Comittee RePort
of the Unlted States Senate oa this voting rlghts amendment, Senate Rep. No.
97-4L7, 97th Cong., 2d Sess., reprinted in July 1982 U. S. Code Cong. &
Ad. News 177, indicates that it was the intent of Congress to reestablish
the standards and criteria of the various circuit courts and United States
Supreme Court as the law existed in this area prior to Mobile and Rogers.
The Congress failed to require a discriuinatory intent in either the
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the estabLlshment or maintenance of an electlon practice or procedure
and, in addltion, set forth certaln standards that It felt should gulde
the courts ln determLning whether there was a vlolation of the Fifteenth
Amenduent and a violatlon of the Votlng Rlghts Act of 1965 as auended.
These changes, as enacted by the Congress of the Unlted States, require
a dlfferent approach to the problem of at-large elections than that' ..
required prior to such auendment oi even that that was reguired by
Zirnner and Nevett v. Sldes.
Therefore, this court w111 analyze the evidence at both the flrst
and second trlals and apply such evidence to the standards as lndicated
in.the Comqlttee Report of the Unlted States Senate. These standards
are very slmiLar to those set forth in Zlomer, but lf there rras any
doubt prior to the amendment of the Voti.ng Rights Act as to whether
or not discrlninatory intentlon was required, that doubt has now been
finally removed. Ttre reuoval- of any regulreuent of discriuinatory
intent as an eleuent of recovery for violatlons of the FLfteenth Asrendment
or the Votlng Rlghts Act as amended requi.res a reevaluation of the
evidence.
This court w111 not agaJ-n reclte the general facts but these are
completely found as flndings of fact in the court's origlnal opinlon
on pages two through five, lnclusive. However, there has been some
updating of these facts and the evldence now shows the population la
1980 ln the City of Lubbock ts 173,979, of whlch 125,039 or 71.82 are
white, L4r2O4 or 8.27 are Black, 31,085 or L7.92 are Mexican-Amerlcaa,
and the remaining 3r651 or 2.LZ are classlfied as "others." (S,Jpp.Stip.Ex."SS-127).
In analyzing the typical factors. suggested by the Senate Co"'mlttee's'
Report, the court finds and concludes as follows:
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A.
THE EXTENT OF AI,IY HISTORY
OF OFFICIAI, DISCRIMINATION
This factor lras dlscussed as a primary factor in the June 8, LgTg
memorandum oplnlon on page 32 under "Effects of Past Dlscrimination. I'
As orlginally found, and the court again flnds, there has been a'history
in Lubbock, Texas of official discrimlnat,ion and it has been extenslve.
Attached as Appendix A to the courtrs origlnal opinlon are Texas Constltutional
provisions and Texas statutory law, which also applied to Lubbock. It
appears that racial discrlmination rras at one time the official policy
of thls state, Lncluding denial of minorltles of thelr rlght to vote.
Although the court does not flnd that such official discrimination exists
in Texas or tn Lubbock todaj, lt ls al-most uncontradicted that such
offlcial dlscriminatlon did exlst to a wide extent aE the turn of the
century and for many, Dany years thereafa:r. _ In view of the courtrs
flnding ln 1ts orlgLnal opinion that there hras a history of officlal
d{sq3{'n{nation ia the Stat,e of Texas and that these discriminatory
practlces and procedures were in exlstence ln the City of Lubbock in
the earlier years in the century, such factor points to the concl-usion
that the present election procedures in Lubbock result frou past
dlscrinlnatlon.
B.
TIIE EXTENT TO IIHICH VOTING IN
THE ELECTIONS OF LUBBOCK IS RACIALLY POLARIZED
The orlginal oplnion, page 9, found evldence of raclally polarized
voting in Lubbock. The hearing held in January of 1983 further establishes
this fact. Although the facts used and considered by plaintiffsr expert
witness may have omltted other contributing factors, he did use the evidence
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in the record of thls case in reachlng a determlnation that there was
racial polarizatlon ln the votlng patterns of Lubbock. His concluslons'
based on a correlatlon rnethod to measure polarization in voting, found
a very hlgh correlation, .90 or rnore, ln analyzing flfteen races where
Mexicao-Americans ran and seven where Blacks were candidates. . He
testifled that a .5 finding would be a high correlation of the measure,'
of polarlzatlon in voting but .9 as he found in most of the races analyzed
was very hlgh, ln fact two-thirds of them were above .9 and all above
.5.
The evidence polnts to the inescapable conclusion that there is a
hlgh degree of polarlzed voting ln Lubbock. The defendants have correctly
potnted out that ln reaching thls correlation factor, the plalntiffsr
expert wltness, DE. Robert R. Brlschetto, used census data rather than
actual voters for one of the tlro rueasures in his study. Nevertheless,
the court believes that the results tre atiainld are so strong that' even
had precise votlng statlstics been aval1ab1e, polarlzed voting would
have been shown. Although it ls not the defendantsr burden to furnish
controvertlng figures, defendantsr own exPert wttness, Dr. Delbert A'
Taebel, after describing ecol-ogical fallacy and the effect factdrs other
than ethnlciEy uight have on voting behavior, admitted that with correLations
as high as those found by Dr. Brischetto, there is polarized voting in
Lubbock, but Dr. Taebel quallfled thLs sdatenent by saying he belleved
that ethnicity rras not necessarlly an "overrLdlngrr factor.
The exlstence of such a hlgh degree of polarized voting, on the
part of aLl races in tubbock, is a factor strongly lndlcating that the
rights of minorlties have been abrldged or dlluted because of their race
or color in the use of an at-Iarge systetr.
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c.
THE EXTENT TO WHICH LUBBOCK }IAS USED.
IJNUSUALLY LARGE ELECTION DISTRICTS. ETC.
The evidence establlshes the followlng:
1. That Lubbock, Ln usi-ng the aE-large system of electlon, constit,utes
a distrlct of 91.5 square ralles
2. That Lubbock requlres a najority vote, or a runoff, before any
person can be elected as a member of the City Council.
. 3. Although there is no ordinance prohlbiting anti-single shot
votlng, the requirement that the candidates for the City Councll ln
Lubbock, Texas announce for and run for a numbered place is tantamount
to an anti-single shot provlslon
4. There ls no requirement that a candldate reside in a particular
sectlon or area, whlch has resulted ln the election of Anglo candidates
to the Clty Council- from the west and southwest or predominantly AngJ-o
portions of the city.
Ttris factor weighs heavily ln favor of a findlng of dilution or
abrldgement of the rlghts of minorltles to vote in Lubbockr s at-large
eleetions
D.
IS TIIERE A CANDIDATE SLATING PROCESS A]i[D
ARE MINORITIES DENIED ACCESS TO THAT PROCESS
The court has not been convinced by the testinony at either trial
that there presently exists any candidate sl-ating process in Lubbock.
At one time, tweaty-flve or Dore years past, there \Jas a grouP, nade up
of Anglos, known as the t'Emplre Builders." Itrls was not, a highly structured
group but consisted mainly of white business and professional men who
would meet and urge certain citizens of Lubbock to run for clty offices
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and in tu ive them their full support. No ninority
known to have been lnvlted or to have attended any of
Apparently this organizatlon has not exlsted fo. *"ny
no evldence bf any other slatlng group in Lubbock.
orng
Platntiffs would urge Ehat prlor to the 1982 electlons, a for:ner
mayor, Dr. Granberry, was the host for a luncheon at ttle Universlty Clty
Club at which flfty to sLxty white business and professlonal men were.Ln
attendance for the purpose of agreeing on candidates for cLty offices.
However, the evidence also shows that at, least one promlnent member of
the Black cormunity was lnvlted to the meeting and there was no discussion
or conslderation given to whether or not minorities could attend or
woriLd be invlted to attend. One wltness testified that he had on at
least trro occasions urged members of the minority corrmunlty to run for
city offlce but had not been successful except in the case of a school
board member.
The court finds that there is no sfaifng process ln Lubbock and
therefore this factor does not welgh Ln plalntiffsr favor.
E.
THE EXTENT TO IMICH I.{INORITIES IN LUBBOCK
BEAR THE EFFECTS OF DISCRIMINATION IN AREAS
OF EDUCATION, EMPLOY'I'TEM, A}iID HEALTH
The evidence indlcates that minorlties, in the past, hrere discrininated
against in the areas of educatlon, employment, and health whLch, under
an at-large system, results in a dllution or abridgenent of minoritlest
right to vote. While 74.82 of the Anglos are high school graduates, only
30.37. of the Mexican-Americans and 45.L2 of the Blacks have high school
degrees (Ex.P-7A). Ihe unemployment rate as of JuIy 1982 for Lubbock
SMSA ls 57 for Anglos, 8.62 for Blacks, and 9.37" for Mexican-Americans
(Supp.Stip.198). Accordlng to the l-980 census a total of 28,821 persons
Ogroup member ls
their meetings.
years and there ls
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in Lubbock County llve below poverty Ievel, of which 15,399 or 53.4
percent are elther Mexlcan-Amerlcan or Black (Supp.Stip.188). At the
tine that this court wrote its original oplnion in June of L979, the
lnfant nortallty rate ln the Clty of Lubboek was seventh highest ln the
natlon for clties of lts size, the uaJorlty of these deiths being among
minorltles. Thls factor has largely been remedied at this date as ..
indlcated by the stlpulatlon as to the testiuony of R. D. Goodman (Ex.D-7A).
The health departuent budget has lncreased frorn $787,684 in L977-78 to
$1,739,673 in 1982-83, an lncrease of over L2O7" over this period of tlne
(Ex.D-6A). In addltloa, the Lnfant mortality rate ln Lubbock has now
dropped below the state or national averages (Ex.D-7A).
![r. Charlie Guy, a respected former editor of the local paper,
testifLed that when he flrst went on the school board in the 1930's he
was appalled by the condltion of the schools where the minorltles were
the predominant race. He st,ates that he i.-ediately urged the schooL
board to rectify these condltions, and that a program was conmenced to
do so. Although Lubbockts schools are nor, largely desegregated, it did
take a lawsult to effect such desegregatlon.
Ihe evldence further establishes that the income of mlnorities ls
much less than that of whltes and in clty ernplo)ment thls is also true
(Supp.SEip.170 & S.rpp.Stip.Ex."SS-24")
The court concludes that the extent of past discriminatlon ln such
areas as education, euployuent, and health has, according to the wltnesses
on this subJect, hl-ndered their ability to participate effectlvely in the
political process. The extent of such discrimination has greatly narrowed
in recent years, but the effects on effective partLcipaEion in the politieal
process by minorities still exlst. This is expressed ln several \rays,
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one of ,n is that minorities do not vote because ", .terief that
thelr vote "wl11 not ,".., .rrything" and a general apathetic attitude
exists on the part of the minorities because.of srich past discrioination.
However, lt is not,ed that in recent years, Black and Mexican-Amerigq,n
registration has Lncreased on a percentage basis to the degree lt approximately
equals that of Anglos. This is attrlbuted mainly, if riot soLe1y, to
voter registration drlves in the ruinorlty preclncts in Lubbock. C.
F.
HAVE POLITICAI CAI'{PAIGNS IN LUBBOCK
BEEN CHAMCTERIZED BY OVERT OR SUBTLE RACIAL APPEALS
There ls no evldence iu thls record iirdlcating that any racial
appeals have been made to the voters lu polltlca1 campaigns, and thls
factor does noE weigh ln favor of the plaintlffs.
G.
rHb TxTsNT To IIHICH MINoRITY GRoIIPS
HAVE BEEN ELECTED TO pUBLIg OFFICE !N LUBBOCK
The amendment to the Votlng Rlghts Act of 1965 states that one
factor the court may conslder in determinlng whether plaintlffs are
entitled to relief is whether or not members of a protected class have
been elected to office in Lubbock. There have been no Blacks or Mexlcan-
Americans elected to the CLty Councll of Lubbock or to the offlce of
Mayor of Lubbock although uany have announced their candidacy for such
offices and appeared on the ballot. Statistics ln this case indlcate
that some ninorlty candidates rnight have been elected had a slngle-member
systen of election to these offices been ln effect (Ex.P-8A).
Of course, it is axj.ouatlc that minorltLes do not, under the Constl-
tution or the Voting Rtghts Act, have a rlght to be elected, City of Mobile v.
Bolden, 446 U.S. 55 (1980); Voting Rights Act, S 2(b) (June 29, 1982),
42 U.S.C. $'1973($)-, nor ls there any right of minorlties to have
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an election distrlct so framed as t.o Buarantee or insure election of a
ninorlty candldate. l^lhltcomb v. Chavis, 403-U.S. L24 (1971).
But, under the totalLty of cl::cumstances, the court finds that the
fact that there have been no uinorlty members elected does mltigate ln
favor of the plaintlffs.
Defendants polut out that a Mexican-Anerican has been elected to ''
the school board Ln Lubbock which has boundary f.ines almost coinciding
with the boundary lines of the City of Lubboek; however, this member of
thl school board was elected under a p1uraL1ty-vote system. Defendants
also rely on the fact that there is a Mexlcan-American representing the
Lub6ock area ln the Legislature in the State of Texas, but he was elected
after the enactment of a law whlch created a sLngle-oember district.
Prlor to that, the at-large electlon for the Leglslature was in effect
and mlnorities were not elected during that period. Likewlse, a BLack
was eLected as a Justice of the Peace in the November 1982 electlons as
a candldate of the Republlcan Party. IIis Democratic oPPonent lras a
Mexicau-Amerlcan, and thi.s race ls inapposite to thls situat.ion, because,
agaln, the Justice of the Peace.race occurred in a single-member distrlct
and one minority ran against another uinority.
E.
HAS TIIERE BEEN RESPONSIVENESS ON TTIE PART
OT ELECTED CITIZENS TO THE PARTICIII.ARIZD NEEDS
OF },TINORITIES IN LUBBOCK
Agaln, the court would refer'to lts memorandum opinion of June 8,
L979. In that opinion the court detailed the evidence whlch proved and
establlshed, without doubt, that, the City of Lubbock has, and for many
years past, responded to these particularized needs. Thls factor
ls not deened to be one of the more import.ant ones by the Senate
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Coromittee, but was emphasized ln Zimmer and other cases. If responsiveness
vrere the only factor to be constdered by thls court, judgment would be
entered for the defendants, because the overwhelming evidence establishes
a real responsiveness by the Clty of Lubbock, lncluding lts elected offlcials,
toward the partlcularlzed needs of the cltyts minorlty residents.
I.
I,IAS THERE DISCRIMINATORY INTENT PRESENT IN
ESTABLISHING LUBBOCKIS AT.LARGE SYSTM{
Origtna11y, the court, elther expressly or imp1ledly, found that
there was no intent Eo dlscrlminate agalnst minorltles when the at-large
system was established lu Lubbock or ln the Dalntenance of that system
today. The court is st1I1 of the fi:m opinlon that there ls no discriuina-
tory intent by the City of Lubbock or any of lts officlals in maintalning
the at-large systen. The policy is neutral on its face, and those of
rhe present officiaLs of the Clty of Lubbock irtro testified are of the
opinion that lts maintenance is in the best interests of civlc management
and ihe most, effectlve way to have its elected officials reply and be
responsive to all of lts citizens.
However, thls does not mean that dlscriminatory intent was not
present when the declslon to employ the at-large systeu for election of
council members ln Lubbock was made in 1917. At the second trial,
evidence was i-ntroduced in the form of editorlals from the old Lubbock
Avalanche ne$rspaper in the perlod fron 1909 Xo L924 when a Mr. James L.
Dow was the editor, publisher and owner of this paper. These editorials
are shown in Plaintiffst Ex.l-A. It is not known whether or not these
editorials represented the general views of the citizens of Lubbock, but
suffice it to say that Mr. Dowrs editorials were unhesitant in expresslng
derogatory and vile remarks toward Blacks and show a bias and bitterness
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on hls part toward the Black race. The evidence also shows thar l'1r.
James L. Dow was a member of the City Charter Corunisslon that prepared
and subultted to the voters a charter to govern the City of Lubbock and
provlding for an at-large systen for electing lts council members.
In view of this additlonal evl.dence and ln llght of the past hlstory
of dlscrirnination, lncluding dlscriminatory enactment.s by the State ..
Legislature, the court now concludes that the establlshment of the at-
large systen for the electlon of Ciay CounciL members ln the City of
Lubbock was done wlth a dLscrininat,ory lntent.
CONCLUSION
. The above findings support a concluslon that the at-large election
system ln Lubbock results ln an abrldgenent or denlal of the right of
rninoritles to vote. Admittedly, all these factors do not point to such
resulEs, but under the totallty of the circuustances such resulEs are
found to exist la Lubbock and constitute a denial of the rlghts guaranteed
by the Fifteenth Amendment and the Votlng Rtghts Act of 1965 as anended.
These findings Lndicate that the plaintiffs are entitLed to relief.
As amended, Section 2(a) and (b) of the Voting Rights Act, 42 U.S.C.
S 1973, provides as follows:
"Sec. 2. (a) No votlng qualificatioa or prerequisite
to voting or standard, practlce, or procedure shal1 be
irnposed or applied by any State or political subdlvislon
in a uanner which results in a deniaL or abridgenent of
the rlght of auy cltizen of the United States to vote
on account of race or color, or ln contravention of the
guarantees set forth Ln sectlon 4(f)(2), as provided iu
subsectlon (b).
"(b) A viol-atlon of subsectlon (a) is established if,
based on the totallty of the circumstadces, lt is shown
that the politlcal processes leading to nominatlon or
electLon lu the State or poIltical subdLvision are not
equally open to participation by meubers of a class of
citizens protected by subsectlon (a) in that its members
have less opportunity than other meubers of the electorate
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to parElclpate ln the polltlcal process and to elect
representatlves of their choice. The extent to which
members of a protected class have been dlected to office
ln the State or polltlcal subdivlsion ls one circumstance
whlch may be considered:.Provlded, That nothing in this
section establlshes a right to have members of a protected
class elected in numbers equal to thelr proportlon in the
populatlon.'l
The guestion to be deternlned by the court, based on thede relevant
factors and under the totallty of the circumstances, is: Do the ,oembJrs
of the two classes of minorlties ln this suit, Blacks and Mexican-Americans,
have- less opportunity than the other uembers of the electorate to
partLcipate in the election process and'to elect oembers of their choice?
If so, the practlce or procedure of the at-large system of the City of
Lubbock w111 be ln vlolation of the Voting Rights Act of 1965 and relief
will be awarded. The answer to thls question is in the afflrmative. Under
the findings of the court with respect to the factors which the Congress
deemed to have been relevant to the determLnatlon of this question, and
under the tot,ality of all of the circumstances and evldence in this case, lt
ls inescapable that the at-large systen in Lubbock abridges and dllutes
oinoritiesr opportunltles t,o elect meubers of their own choice and that their
opportunity ls much less than that of the other members of the electorate.
In view of such concluslons and findings, the court further finds
that the Voting Rights Act of 1965 as amended, $S 2(a) and 2(b), prohibit
the further use of the at-large system for the electlon of City Council
members in the City of Lubbock, Texas.
Secondly, as the court has deternined above that discriminatory
intent was involved ln the original establlshnent of the at-large systeE
in Lubbock in the year 1917, that such at-large system ls a violation of
the Fifteenth Amendoent of the Const.itut.ion of the United States even
though discriminatory intent is not required by the Congress in the
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Votlng Rlghts Act, the flndlng of discrLminatory *a"rra ln thls case
fulftlls the requlrementa of Moblle and Rogers.
By order of even date herewlth, Ehe court will subrnit lts
plan for redistrlctlng the clty.
The Clerk w111 furnish a copy hereof to each attorney.
ENTERED thls 20th day of January, 1983.
proposed
Northern Dlstrlct of Texas
ERT O. WOODI.IARD
Chlef Judge
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