Lemon v. International Union of Operating Engineers Local 139 Brief Amicus Curiae in Support of Plaintiffs-Appellees

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JUI-06-83 TUE 10:39 NAACP LDF FAX NO, a P. 01/03 

Regional Office 

1444 | Street, NW, 10th Floor NAACP LEGAL DEFENSE Washington, DC 20005 (202) 682-1300 Fax: (202) 682-1312 AND EDUCATIONAL FUND, INC. 

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Topp A. Cox 
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NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 
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DATE: JULY 6, 1999 

NUMBER OF PAGES (INCLUDING COVER SHEET): 3 

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MESSAGE: Norman: These are my draft Section 2 stitpulations Cromartie. 1 tried to do my best to balance brevity with enough detail. Please let me know what you think. Thanks. 

Todd 

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STIPULATIONS 

The parties agree that they will not contest in this case that. 

1. In North Carolina and in the areas comprising Congressional Districts 1 and 12 of the 1997 Sessions Laws, Chapter [| in the 1997 Redistricting Plan, African-American voters are politically cohesive. 

2. In North Carolina in the areas comprising Congressional Districts 1 and 12 of the 1997 Sessions Laws, Chapter 11, the white majority votes sufficiently as a bloc to enable it, in the absence of special circumstances, usually to defeat the African-American voter’s preferred 
candidate. 

3. North Carolina and the areas comprising Congressional Districts 1 and 12 of the 1997 Sessions Laws, Chapter 11 the have a long history of official discrimination against its minority citizens which has affected the right of minority citizens of North Carolina to register, vote, and otherwise participate in the electoral process. 

4, For nine decades, from 1901 until 1992, no African-American candidate had been elected to Congress in North Carolina. 

5. In North Carolina, African-American voters were disenfranchised as a result of 
deliberate state laws that both denied African-American voters access Lo the ballot box and diluted their votes. 

6. The State of North Carolina utilized measures such as poll taxes, literacy tests, anti-single shot voting laws, and at-large and multi-member election districts to exclude African- Americans from the political process. 

2 In its 1970 and 1980 reapportionment plans, the North Carolina General Assembly intentionally fragmented the African-American vote in the northeastern portion of the state to make sure African-American voters could not gamer enough support to elect their preferred candidate to Congress. 

8. In North Carolina, racial appeals in campaigns have been used, as late as the 1990's, by white candidates to discourage white voters from voting for African-American 
candidates. 

9. The minority citizens of the State of North Carolina and the areas comprising Congressional Districts 1 and 12 of the 1997 Sessions Laws, Chapter 11 continue to bear the effects of historical racial discrimination in such areas as education, employment, and health, which hinders their ability to participate effectively and equally with white citizens in the political process. 

10. African-American voters as a whole are Jess well-educated, lower-paid, more likely 

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to be in poverty, and have less access to telephones, cars, and money than do their white counterparts, which adverscly affects their ability to participate effectively in the political Process. 

11. Under the totality of circumstances. the State of North Carolina and the Jurisdictions comprising Congressional Districts 1 and 12 of the 1997 Sessions Laws, Chapter 11 has denicd minority voters an equal opportunity to participate in the political process and elect candidates of their choice to office. 

12. The State of North Carolina has a compelling interest in complying with the Voting Rights Act and assuring that racially polarized voting patterns and the lingering effects of the State’s past discrimination do not exclude the State’s African- American citizens from equal access to the political process. 

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