Joint Pretrial Document

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JOINT PRETRIAL DOCUMENT     

i. PLATNTIFFS' CAUSES OF ACTION 

  

entially one cause of action: 

the present system of at-large elections for the 

'y Commission effectively abridges 

ese reiating to city government guaranteed them by the 

PT i NER EY 7 Nt 1ood Bai IE sere TE Des i : . t, Thirteentn, Fourteenth and Fifteenth Amendments to 

United States Constitution, all in violation of 42 U.S.C. 

2. Plaintiffs contend that the present at-large 

sled with the 

ice relations on the era of slavery to the present, for 

practical purposes has excluded the black citizens of 

political process, and their vote is substantially diluted 

[o} 5 i re oale cata Ne rae Sh MR I a LR . 3. Plaintiffs ask the Court for the following relief 

a. A declaratory judgment that the present svsi v -~ CA I ud -~ . & — 

. 

tes the Constitution of the United States and 42 U.5 

 



hs 

b) 
| b. A preliminary and permanent injunction enjoining 

  

the defendants and other acting at their direction or in 

concert with them from holding 
or supervising or certifying 

the results of any election for the Mobile City Commission 

under the present at-large election system and from failing 

to adopt the plan of city government using single-membered 

districis. 

c. An award to plaintiffs of their costs in this 

action, including an award of reasonable attorneys' fees. 

 



    

11. PLAINTIFFS' CONTENTIONS OF FACT 

l. The Hobile City Commission is organized under Act 

for.a three - =
 pe
t 
—
 ~~ |S,
 No. 163, Regular Session 1911, providi 

membered City Commission elected at-large, with each 

Commissioner having legislative, executive and administrative 

functions. The electoral system, as amended, includes 

requirements of candidates running for numbered positions 

and for election by major¥kty vote. The election is non 

partisan, and there are no requirements that candidates for 

the City Commission reside in certain districts of the city. 

2. The City of Mobile has a total population of 

190,026, of whom 35.4%, or 67,356, are black. Certain areas 

of Mobile are almost tot: 211ly devoid of black residents, 

while other areas of the City are virtually all-black. 

Segregated housing patterns have resulted in concentrat “ions 

of black voting power. 

3. Mobile and the State of Alabama have had a protracted 

history of racial discrimination in voting. Beginning in 

the early part of this century, many efforts have been made 

to disenfranchise black voters. Disenfranchisement has been 

complished by numerous devices, including poll taxes, 

interpretation and “literacy” tes, and all-white primaries. 

They succeeded in completely ex cluding blacks from the 

political process. Virtually every barrier to black voter 

participation in the governmental process has been struck 

down only with the assistance of federal legislatiion and 

1/ sate i oe ; the federal courts. Plaintiffs intend briefly to review 

the early history of black disenfranchisement through the 

testimony of Dr. Melton McLaurin, Associate Professor of 

History, University of South Alabama. Barriers to voting 

and participation in the POLL EL An process since World War 

IT will also be reviewed by Dr. McLaurin and by other 
/ 

if E.g., Davis v. Schnell, 81 F.Supp., 872 (S.D.Ala. 1948); Sims v. 
~ A SES IN Ry yr - iz r ™ VAL WR wns Amos, 336 F.Supp. 924 (M.D, Ala. 1972), aff'd 409 U.s. S47, 93 85.Ct. 

290. 3 AITE. 28 21k, 

 



  

4. The long-standing history of public and private 

racial discrimination in Mobile and the State of Alabama and 

the Civil Rights activities of the past two decades have 

increased racial tension within the electorate and has caused 

a high racial polarization of the vote when issues or 

candidates have had identifiable racial appeal. This racial 

polarization makes the present at-large system for electing 

City Commissioners and effective barrier to the election of 

blacks and to the full representation of black community 

interest. Plaintiffs will present evidence of this 

polarization primarily through the testimony of their ex 

political s scientist, Pr. Charles Cotrell. Dr. Cotrell will 

- analyze the results of studies being conducted by plaintiffs “t 

of selected elections, including the 1973 Mobile City Commission ng bile Cit ommis: 

race and the 1972 referendum on the form of Mobile City 

government. Additionally, Dr. James Vovles will be questioned 

about the methods used in the conclusions he reached in his 

dissertation on Mobile Politics, which describes racial 

polarization of the electorate in this City during the 1960's, 

Other evidence of racial polarization will be published 

‘appeals to racial interests of the electorate. 

5. The dilution of black voter strength is Further 

evidenced by the historical and ongoin ng unresponsiveness of 

local government officials to the dgeds of the black community. 

Such unresponsiveness is shown by the following facts, among 

others: 

a. Black citizens of Mobile have been forced to 

resort to the federal courts for relief from a wide range of 

raclal discrimination in local government. $.2.., Davis v. 

B board OF Sc hool Comn 1155 loners of Mobile County, Civil Action 

AY YY 7S HE 1 Era yy) - OO aoa 1 Am) : 7 DT nh ¥s ~F MM 1 
No. 35003-63-H (school desegregation); Allen v, Clcy of Mobile, 

Lj ow 

 



1 
» 

  

Civil Action No. 5409-69-P (police department discrimination) ; MN 

Preston v. Manderville, Civil Action No. 5059-68-H (Jury   

discrimination); 
y 

tes ve i ak Anderson vv.’ Mobile County Commission, Civil   

Action No. 7388-72-H (employment discrimination in county 

government). Plaintiffs contend that, had the political 

process been fully opened to them and their voting strength 

not diluted, federal litigation would not have been necessary 

in order for them to obtain their constitutional rights. 

b. Employment discrimination against the black 

citizens of Mobile is still a fact of life. Blacks are 

still greatly under represented in all segments of city and 

county employment, except in the lowest-paying job classifications. 

In a 1975 charge of racial discrimination filed with the 

Equal Employment Opportunity Comms ssion, File No. TBI5-1598, 

the President of ILA, Local No. 1959 has alleged that racial 

discrimination in employment extends through all departments 

and agencies of the City of Mobile, including but not limited 

to the Public Works Department, the Parks and Recreation 

Department, the Engineering and Traffic Department, . the Fire 

Department, and the Mobile Water Service System. 

CC. The City Commissioners have fatled or refused 

t7potne a proportionate nu aber of black citizens to various 

appointive boards and commissions it controls 

d. Direct petitions to the City Commissioners by 

organizations and individuals represe enting Bach commuriity 

interests have received cons istently inadequate responses. 

Such organizations include the Non Partisan Voters League, 

the Local Branch of the NAACP, and the Trinity Gardens Civic 

Club. 

6. Both the history and practice supporting the 

present form of Mobile city government reflects only a slight 

- State interest in its maintenance. Fe Ww cities in the Srate 

 



  

of Alabama have similar forms of government, and no large 

in Alabama utilizes presently the City Commission form 

]. The creation of single-membered districts would oO 

ance black participation in city government. 

As evidenced by recent legislative reapportionment in th - ie A 

statewide case of Sims v. Amos, the election of black 
  

officials 

would be greatly facilitated by the institution of single- 

member districts. 

 



  

BRIEF STATEMENT OF DEFENDANTS' DEFENSES 

General Deni 

  

i. Defendants deny that plaintiffs can prove 

the facts which they have the burden of establishing in 

order to be entitled to relief in this action. Without 

limitation of the foregoing, defendants say: 

(a) Defendants deny that Mobile's form of 

government deprives blacks of equal access to the politi- 

cal process, or dilutes their voting strength. 

(b) Defendants deny that blacks in the City 

of Mobile have nariticalarizes interests as a race but, 

even if they do, defendants deny t 

missicners of the City of Mobile are unresponsive to such 

interests or are inaccessible to black citizens. 

{C) Defendants deny that blacks in the City of 

Mobile constitute an identifiable segment of the population 

with particularized interests (except insofar as admitting 

that their race is indisputably Negro), and say that blacks 

and whites within the same socio-economic segment share 

their wishes, desires and aspirations more nearly than 

persons of either race share the wishes, desires and aspi- 

rations of persons of the same race but of a differenct 

socio-economic segment. 

(d) Defendants deny that the policy and history 

of Mobile's form of City government, in favor of at-large 

elections, has been tenuous and defendants assert that 

there has been a governmental policy in favor of such sys- 

tem in the City of Mobile for many years. 

(e) Defendants deny that historical discrimi- 

. 
nation against blacks, to the extent that the same existed 

in Mobile in the past, has any material present effect that 

ol 

 



  

is causally related to the fundamental issue in this 

case of whether blacks have equal and undiluted access 

to the political process as of the present time. 

(f) Defendants deny that plaintiffs are 

entitled to represent Mobile blacks within the reqguire- 

ments of Rule 23 of the Federal Rules of Civil Procedure. 

Other Defenses   

2. The choice of a form of City government to be 

used by any particular city is a function reposed in 

“4 

states and their components by the Tenth Amendment to 

the United States Constitution and by the doctrines of 

comity and federalism. A United States Court should not 

impose a different form of government upon a city from 

the one chosen by the state for that city (in this case 

the City Commission form), particularly in light of the 

existence and extent of the power oi a United States 

Court to order cessation of any uncenstitutional conduct 

by the government which has been so chosen. 

3. The political body having undisputed power to 

change the form of government obtaining in the City of 

Mobile is the Legislature of Alabama, whose members are 

elected from single-member districts of almost perfect 

numerical equality pursuant to a reapportionment plan 

approved by the Supreme Court of the United States. To 

the extent that plaintiffs' purported class desires a 

change in the form of government cf the City of Mobile 

from City Commission to some other form, they should re- 

sort to the Legislature of Alabama and the usual politi- 

cal channels for a political remedy. 

4. The imposition by this Court of a change in 

the form of the City Government of Mobile from City Com- 

mission to some other form would be a rememdy so out of 

a 

 



  

  proportion to any de minimis constitutional wrong whi ch 

may exist as to be entirely inappropriate in the circum- 

stances of this case. 

5. The imposition of one suggested remedy said 

to be less severe than a total change from or abolition 

of the City Commission form of government, viz., the 

ordering of the election of City Commissioners from 

single-member districts, would itself effect a depri- 

vation of due process of law and of equal protection of 

the law, and would be otherwise inappropriate, since each 

such Commissioner having charge of a particular function 

of City government would be elected solely by the residents 

of one-third of the City, making the operations of two- 

- 

thirds of the City's functions totally beyond the OF
 

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control of each and every resident of the City. 

6. The imposition of single-member districts in 

the City of Mobile would mean that, after each decennial 

reapportionment of the City, any geographic shift or 

change in the population of the City of Mobile to one 

district would effect to that extent a numerical malappor- 

tionment in violation of the Equal Protection Clause of 

the United States Constitution, a new and different con- 

Lo gm t stitutional wrong, which is not possible under the present 

governmental form of the City of Mobile. 

 



  

DEFENDANTS ' SUMMARY 
FACTS IN SUPPORT OF T   

Oo CONTENTIONS OF 

R DEFENSES HEIL EFENSES   

! Defendants deny the 

under the law, must be proved 

for plaintiffs to secure any © 

2 The City of Mobile 1 

ment created by, and subject t 

Legislature of the State of Al 

government cannot be determine 

[all = 
[= J City Commission, nor even by t 

to such extent as may be permi 

. 

gls th 0 e Le le u 

3 of 

Regular sessi 

became effective in Mobile. 

the 

Error ow 
Commises 

exis: of facts which, ence 

by plaintiff 

E relief 

s a unit of local govern- 

0 the control of 

The form 

b d 

he City's voters (except 

tted from time to time by 

Legislature of Alabama, 

sion form of government 

continues to 

such a form of government pursuant to various statutes, 

as from time to time adopted or amended by the Legislature. 

mission has been a three-member 

executive and legislative powe 

by the Legislature, from t ime 

members of the Commission have 

majority vote, and may reside 

pal limits. Under the existin 

5 

City's administrative functi 

departments and candidates for 

run for numbered positions or 

holding Place No. 1 supervises 

and Administration; Place No. 

Safety; and Place No. 3, the 

and Services .The tion of © posit 

ceremonial or ministerial, is 

w]e 

amber 

ons 

sted with judicial, 

to 3 
Pr SR 

a been elected at-1 by rge, 

anywhere within munici- 

g electoral system, the 

are disty 

election to the Commission 

1 
FS places. The Commissioner 

the Department of Finance 

2, the Department of Public 

gpartment of Public Works 

Mayor, which is merely 

  

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four 

become 

Commissioners so that each serves 

Under applicable ste 

voter desiring to be a candidate 

i eed 

rn
 

(F
F 

vear term cf office. 

Ymm 1 CC 
-OMM1 SS 10 

statement a candidate by filir 

affidavit and either (a) paying 

Of 2% of the annual 

a verified pauper's 

verified petition signed by 2 

pate in 

such law, 

reasonable and do not 

Or any person. 

Ja c 

1 The requirements of 

>coming a registered voter ot 

NOTE: Defer naar 
ms 3 4 a ~{ 3 
bea Lo Amand ~ TI. bY

 4. %7, a 

should be held t 

establish that b 

undiluted access 

electoral s y 
are not due to pros 
If he court 8 ho 

defendants conte 

facts set out below 

their defenses. 

Neither Alaba law, 

denies to blacks or 

> the City's electoral 

    

administration 

citizen egua 

Blacks do in fact participate = 

Mobile's electoral system. 

To this date no black 

sioner. There are a number 

the community from which, 

ment member has been elected However, 

no provision of applica that precludes 

ion of a black candidate 

able segment of the community 

} 

 



  

i 10. Elections to the City Commission are conducted 

on a non-partisan basis, although there is no require- 

ment of law prohibiting any political party or organized 

group or caucus from selecting and supporting candidates 

for election. 

ll. No political party or organized group Or caucus 

promulgates a slate of persons to seek election to the 

City Commission or solicits support for any slate of 

candidates, except to the extent that the activities of 

certain organizations controlled by blacks, or certain 

labor unions, or certain educational forces may correctly 

be so characterized. 

l2. The defendant Commissioners of the City of 

Mobile have made, and are making, good faith efforts to 

be responsive to the needs and interests of all citizens 

of the community and have been and are reasonably suc- 

al =% of» = Hl 1 5 4 ~~ 1 ne ry T v= ESET Sy PN 0% af GF da =~ ~11 Th LLoyd Sd i ol a= A Se SR A Ke’ eo ae dd de Whde Wedatedl CLLLGA. WA wr LA 0 213107 s wi & PNR 3 

Commissioners have made themselves reasonab ly accessible 

to black citizens as well as to all others havi Lng or 

claiming to have particularized interests and 

r~ 

been particularly conscious of the aspirations of blacks 

as such. 

13. The policy and history of the City government 

of the City of Mobile have been in favor of at-large 

elections, as shown by "Defendants' Appendix A", attached 

hereto. 

14. In requesting that the Court require the City 

of Mobile to substitute single-member districting for the 

at-large electoral system now in effect, plaintiffs seek 

Su} 

to have the Court determine a political issue with re- 

; indeed, have 

spect to which reasonable men may reasonably differ. Under 

5 

the Tenth Amendment and principles of comity and federalism, 

such issue should be left for resolution by the Legislature 

a 

 



  

under tne 

5. 1 

and the su 
J a require 

It would n 

to 

out abolis 

partmental 

Admittedly 

ment in 

but there 

history, fo 

156 

present 

in vail 

be for the 

. go 

| A iy LCA nay 

a Mayor wo 

executive 

The 

carve t 

The only practi 

CLI of this case. 

abolition of the at-large electoral system 

i 
bstituti istry: icting would 

complete change in of government. 

ot be feasible (or constitutionally permissible) 

he City into three single-member districts with- 

oo 
Cl. hing the three-place arrangement under which de- 

+
 administ ions are presently divided. 

the Court ish such three-place 

the course of requiring single-member districting, 

are strong policy reasons upported by municipal 

r not doing so. 

C alternative to the cal 

form of government, if the plaintiffs were to pre- 

their demand for single-member districting, would ot “yf 

Court to impose upon the community some form of 

gr~Councll or Mayor-Council system. Presumably 

uld be elected at-large and vested with the 

and administrative authorities and duties of 

Vahl 
Ir A he gome Or all of the cow the City governmen 

be elected from single-member districts and vested with 

lative authorities the City P—
 govern- - 

al 

pon ME bg ao 5 ment. Reasonable men may reasonably differ as to whether 

i i y dl, Ci Commission form is preferab to a Mayor-Council 

or some other form of government and as to a multitude of 

sues involved in selecting the laws other political is 

hose 
CL a cable to nunicipal government. COnity, 

the Federal Court should eschew determination of such 

political issues when, as in the instant case, such denial 

of the legal rights of blacks as may exist, if any do 

exist (which is denied), may be rectified by less drastic 

measures than 

orm of government. 

1 3 

 



    

17. The Legislature of Alabama is presently elected 

under a plan of apportionment adopted by a three Judge 

district court of the United States and subsequently 

approved and affirmed by the United States Supreme Court. 

The members of the Legislature are elected from single- 

member districts of almost perfect numerical equality and 

such changes as they desire in the electoral system : 1li~- 

number of Alabama cities has been changed in recent years. 

18. If in fact blacks as such have particularized 

- 
views different from whites as such, as to whether a City 

TITY: tN v yr AA nw 7 C2 rss vn 7% fe rn pwn OR TT LE TW. Rl A me hha esc 
Commission or Mavor—-Council orm Of government 18 the most 

lants do not believe to be true), members of the 

bo . 4 1 2h rutn tT Po, SOME, SEO “~ Si the Mobile delegation in 

  

Mobile's government, under the custom and practice commonl pot f i» 

referred to as "the rule of legislative courtesy", or 

otherwise. 

19. If the Court were to grant the plaintiffs' re- 

guest for single-member districting, but were to abstain 

  

from changing the Legislature's 

City's governing body should be compecsed of three persons 

engaged in the performance of their duties on a fulltime 

basis, the Court would have to determine the boundaries 

of the three districts from which the governing body would 

be elected. If such district were to be determined on a 

completely colorblind basis, the election of a black 

councilman would be extremely doubtful, -and many blacks 

” . BF A OR dln = ees 3 9 vm urge ay lon cy om YS - EI Po would be disfranchised, if plaintiffs are correct in their 

 



  

Mobile voters (such existing polarization to any signifi- 

cant degree, being denied by defendants). In other words, 

the only way to assure plaintiffs that blacks would con- 

stitute a substantial majority of the voters in one of 

the districts would be for the court to "gerrymander"” the 

districts on a racial basis. 

20. There is no reasonable basis for any complaint 

by blacks with respect to the vesting of the executive and 

administrative functions of the City government in three 

persons, elected at-large. Essentially the three Com- 

missioners who share such functions presently have, ccllec- 

oy 7 a FAs An CR SR —p spon go 7] £3 ~ rey SF rT TITIAN RE aT a 7 1a 
have under a Mayor-Councli LAY orih or goverment ano t 1s 

. . . 

rmissible clear that at-large election of a Mayor 1s pern 

21. In view of the facts set out in the preceding 

complaint about Mobile's elecioral syslem (which defendants 

deny) such complaint must necessarily be founded upon the 

contention that at-large elections of the persons vested 

with the restricted legislative functions 

lature permits Mobile's government to exercise deprives 

blacks of constitutional rights. There is no merit to 

such a contention. 

(a) The views of blacks and whites of sub- 

stantially the same socio-economic status with respect to 

jislative matters as Mobile's government has the 

legal authority to determine are substantially similar, 

so that there is no reasonable basis for a contention by 

the plaintiffs that blacks as such have a particularized 

interest in the legislative aspects of City government to 

a degree warranting a change in the form of such government 

(b) The legislative functions of the City's 

1} nr ya a 3 tie 7 ] under existing government are not only strictly limitec 

 



  

1 

state law, but are subject to supervision and change by 

the Legislature at its will, to which Legislature blacks 

clearly have equal access. 

22. Plaintiffs claim, and defendants deny. that 

the City's government is unresponsive to particularized 

needs and interests of blacks as such. If there is any 

merit in plaintiffs' contention (which defendants deny), 

in any event the plaintiffs' complaints relate largely 

4 to matters involving only the executive or administrative 

~ 

functions of the City Commission, as distinguished from 

£5 its legislative functions. 
4 

~ eT HE a, Tn EO TU Ar CE TU OR TI PUR. SEW Ti Lo Dormer Ao on 23. It would be singularly inappropriate, therefore, 

H ng { sin —- —- 

for the Court to change Mobile's form of government on 

ng le-member rm
 

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districting when officials having legislative authority 

are to be elected, in a case where p 's! unrespon- 

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the City government but rather on executive or adminis- 

trative actions. 

i 24. If in fact there is any unresponsiveness of 

the City Commission to particularized needs and interes 

of blacks as such, which defendants deny, the laws of 

the United States and of Alabama contain provisions afford- 

ing blacks adequate legal remedies, enfor eable by court 

action, for any illegal or unconstitutional discrimination 

against them with respect to any act or practice of the 

City's government. The availability and efficacy of such 

remedies is shown, for example, by Allen v. City of Mobile, 
  

Civil Action No. 5405-69-P and (to the extent, if any, that 

the same relate to the City of Mobile) by the other cases 

and charges to which plain 2r in paragraphs 5(a) 

and (b) of their statement of the contentions of fact upon 

which they reply. Therefore, the draconian remedy of 

-] 5 = 

 



  

imposing a court-ordered change in the City's form of 

government in an attempt to obviate any discrimination 

that may be claimed to exist, should not be employed. 

25. Any division of the community into single- 

member district, whether or not one or more of the govern- 

ing body were elected at-large, would be likely to have 

an adverse effect in many respects (including some with’ 

substantial constitutional overtones) such as: 

(a) The City would be fragmented. 

(b) The cost of government would be increased 

at least unless part-time positions were established, 

which itself would be undesirable. 

(c) Many blacks and whites would be deprived 

of any effective voice in the political process leading 

pt
 - 

to election to the governing body if in fact racial pola- 
<7 - £ 

(3d) The governing body of the municipality 

would itself tend to become racially polarized if in fact 

racial polarization exists. 

(e) Political and power trade-offs between the 

representatives of the several districts could be expected. 

(f) Conflicts dictated by the selfish desires of 

each district could be expected. 

4
 (g) Shifts of population, from district to 

district, could result in such numerical malapportionment 

as to require frequent redistricting. 

(h) Voting places for City elections might well 

have to be placed in different locations from the voting 

places used in general elections. 

) 
WW
 26. The present boundaries of the City of Mobile 

are reasonable and do not have any discriminatory impact 

upon blacks or tend to deprive them of any constitutional 

right. 

wr] J 

 



    

27. While there are certain areas within the City 

where most of the residents are black and other areas 

where most of 

. of the City where any substantial area is not integrated. 

There is no longer any place in the City of Mobile where 

a black cannot reside. 

28. Each black in the City of Mobile has, under the 

present at-large system of election, a statistically 

Hh
 greater chance to influence the outcome of elections than 

he would have under a single-member districting plan. 

28... To the extent, if at all, t 

City of Mobile constitute a cohesive voting bloc, their 

political influence on the outcome of elections is thereby 

magnified by virtue of the fact that such a cohesive vot- 

ing bloc may in any particular political race wield the 

balance of power and such influence is with respect to 

all three places on the Commission. 

30. Blacks of each socio-economic group more nearly 

share with whites of the same socio-economic group, than 

with persons of their own race who lie in different socio- 

‘im rs Pytvy EPPS TY % yin wiry re SpE cu Youidhy TI ST LU TERR Se le ” economic groups, the same wi shes ro SEI TeS a nd asplracions 

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pa concerning the operation of City governn 

3l. There is an ongoing contest and conflict amonc 

members of the black race for political power and leader- 

ship. This struggle reflects both conflicting personal 

ambitions of the participants and conflicting political 

opinions. 

32. While as a matter of historical fact in some, 

but not all, City elections some, but not all, wards in 

which blacks were more numerous have voted differently ~
 

from some, but not all, wards in which whites were more 

numerous, the cause or causes for such differences are 

rsd mn svyy de se lV I ; £ BE vd SE 29 EL nct acutally known. In significant instances, as a matter rd - bd F 

 



  

of history, such elections have been won by candidates 

recognized by the public as being favored and supported 

by most blacks and as being responsive to the interests 

and aspirations of blacks. In certain past elections 

the votes of blacks have been substantially influenced 

by endorsements of the Non-Partisan Voters League through 

its "pink sheet" and, for reasons best known to those in 

control of such organization, endorsements were given to 

candidates having little chance of election for reasons 

completely unrelated to racial considerations. 

33. With the passage of time the racial tensions 

caused by the enactment of the Civil Rights legislation 

of the early 1960's, school desegregation, and the like, 

have subsided substantially, if they have not completely 

disappeared, and this trend may confidently be expected 

to continue under the City's existing form of government. 

Even 1f some future election were to indicate that racial 

prejudice had been a substantial factor in the result, it 

must be recognized that every identifiable minority (or 

majority, for that matter) is exposed to the risk of pri- 

vately held voter prejudices. No change in an electoral 

system can remove such emotional reactions as, for example, 

Democrats may have as to Republicans, or Protestants as to 

Catholics, or poor persons as to rich persons, or one 

ethnic group as to another, or vice versa (and such re-   

actions have themselves influenced various elections, as 

a matter of history). Racial voter polarization would be 

encouraged if a single-member district plan were impose 

on Mobile. Under any conceivable plan of that sort, if 

in fact (as plaintiffs apparently believe) a predominantly 

black district would elect a black and a predominantly 

white district would elect a white, the majority of the 

governing body would still be white and the racial tensions 

-1G9=- 

 



  

a wh 

gerated. 

4 

voting 

voting when 

35. The 

pality in the 

~ C - nd 
aD i. census, of 

of 

such census, 

whites were 

OF 

36. 

follows: 

> ow black - 

hg
 

1 
In 169 37. 96 

bam (3 

the City should 

t 

OXI. 
+ 
* 

contention that 

person known to 

support of 

a ing under 

In of the 

40. 

Functions 

violec not 

ich tend to pr 

Approx 

Axe of 

City of Mobile is the 

whom 67,356 or 

approximatel 

over 

the City's bl 

Reason 

permitted M 

Trance 

black 

tendency 

Mobile® 

~ (311 C ware] vos avrioat-1nr 703 14d "y AYE ZY (Fw. oduce racial pelarization would be exag 

imately the same percer 

4 
A. ctually registered to vote as 

income levels are considered. 

second largest munici- ge 

to the 3 
[0 nd 7 

had a population of 

JE AO _— ~Y mre) . 2 pT NAY ve re thn 35.4% were black. Also, according to 

the ageof-1& years and ~~ ‘Oop ~~. . % 

acks were over such age. 

able estimates as ¢of December 31, 1¢75, 

City population ; 

  

Ny lo} iy SERS IM creer TQ 
or % blacks over 18 

islature Fo
e 

LO
) 

So
d 

1 
~
J
 3 and again in Of Ala~- 

obile to conduct a referendum on whether 

depart from the City Commission form of 

10 to a Mavor-2Alderman or Mavor-Council form. 

the voters chose to continue the City Com- 

ence 
" af iiny of a pt alin. 7 Spey ET 

no satisfactory evid 

Mobile net now elect 

support black interests and to have the 

leadership. 

of Mobile, having single-member district 

~~ TTY ~~ = CNT I TPS TY 4. 
Ym OL government, 

ER ne Ay 
such form 

s form of governme 

vernment does 

 



  

41. ‘The ordinances in effect in the Cl 

are not discriminatory against 

42. The City of Mobile is not discriminating against 

olacks as such in the rendering of City services. 

43. The employment practices of the City of Mobile, 

to the extent that the City Commission has control over 

such practices, are being conducted in a non-discrimina- 

tory manner. 

44. The response of blacks and whites of substan- 

{ » 

v
7
 

) 

~
 

( Sr
a?
 

i | 5
)
 

po
le
 

{i
 

I's
) \d
 

f
a
t
]
 

4)
 

fe
? ially the same economic level with respect 

Sg a A a tr RI ew ep de Ym 2 TN PN 3 - te rN TT re " FE A | governing body, and with respect to City services ana 

3-3 a. To d= Xp die: } 1 wv Fr 1 AN TNYYY 2 = ~~ vy fd tv Lye i a p A Tn with respect to the development and growth of the City, 

  

possible for any person to be elected to t City Commis~— 

3 naa Y rare co Yes any arco eras gn po Tr ot Be omy ae ny oy ih igi A Pew, TA SEE sion unless he receives substantial support from black 

46. The places of residence of Mobile's City Com- 

missioners have been so distributed over the City as to 

  

provide adequate geographi 

in fact necessary to assure that proper attention 1s paid 

to the needs and concerns of the various areas within the 

City (which is denied). 

47. Approximately : blacks, or about 3   

of the total black population, live in wards in which 

Nd blacks, or about % be
d 48. Approximate 

of the total number of estimated black voters, live in 

wards in which blacks constitute less than 50% of the 

49. Blacks of any given economic level have as much 

access to the City Commission and to its various departments 

 



  

as do whites of the same economic level. 

50. Mobile's electoral system does not deny blacks 

or any minority equal access to the political process, 

dilute voting power, or otherwise disfranchise any person. 

51. Blacks are represented fairly on the various 

Commissions and Boards appointed by the City of Mobile, 

whether by persons who are themselves black or by others. 

52. Petitions to the City Commission by organizations 

and individuals representing, or purporting to represent, 

black community interests are considered and acted upon in 

accordance with the Citv's good faith evaluation of their Y 

merits, the availability of funds, the interests of the 

pr
et
ed
 

letermination is made. 

53. If by contending that the "creation Of single- 

. . . e + . . np mem oy oA iC ETO, BI Ne PENT YY TA rs de HT han nT mq om deg FE ee oo CLAXT TW Ar 
wha po” 3 Lb pu SI or mie Aer) be Ba rd om dhe de Aa Fide Eh Cade a EE 

Q
u
 

that some kind of a single-member districting plan could 

be imposed which would increase the chances of a black 

person being elected to a City governing body of some form, 

Ton I rev rS ry nade ~ a Toy mofo ey mri) ye Yip Eri NT rT Tr ET py Bie ra defendants concede that such is the fact. However, defen- 

dants deny that the fact that a person of black skin might, 

er such circumstances, be elected would actually en- 

hance the participation of blacks generally in Mobile's 

government or would result in more effective representation 

of black interests. The contrary is more likely. 

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1 Mobile's 

10. 

relief by plaintif 

government, Iragme 

cal Fryar trvilr ee fs aS 
W 1 ies f c £ rectl V 

11. Whether 

  

rer 

3 vi = T= 7% yo ” 1 ;, TE  ) “ ® rw : i, ’ and materral by the Court, plainti 

Strict proof thereof. 

fs would 

nt 

e voice 

each black 

; 
oa Svs tom oOo E© Oy Sten oO 

would req 

  

content 

1CCOoin 

    

uire 

  

- 

02 

  

y ~ po ~ - 77 3 Try cal process leading 

  

. Le - 

Or 

concenrions or act not 

alll 11d immaterial PE SS 

J eh TRE ga TT 
+I -FENnis CLO, 

3 NT pr ea ry . "e wp son rons are found relevant 

     

 



  

FYI 
AB we 1 1)     

1s made under the 4 3 Defendants adopt the stateme t
e
 

caption "General Denial" in their "Brief Statement o 

Defendants' Defenses". 

2, With respect to Paragraph 2 of "Plaintiffs' 

Y ~ fon  . ing TT. - If IafFfarnmarnd oc yy . 
Contentions of Fact", defendants says 

  

(a) Plaintiffs' contentions based 

tration of blacks in certain areas of the City are irrele-~ 

  

vant and immaterial or of such insubstantial materiality 

and present causal effect as to be insignificant under 

the facts of the case. 

(b) In any event, a now reside any- 

where in the City that he wishes and there is, in fact, 

a significant shifting of black population from place +o 

place. 

3 With respect to Paragraph 3 of "Plaintiffs! Con- 

tentions of Fact", defend 

  

(a) While defendants admit that the access of 

discrimination in years gone by, they deny that such dis- 

h) crimination exists presently and say that the fact of such 

- . 

past discrimination is irrelevant and immaterial or of 

such insubstantial materiality and present causal effect 

~ 
) ¢ LX as to be insignificant under the facts of this case. 

(b} In any event, there is no present-day dis- 

franchisement of blacks. 

(c) Defendants cannot at this time respond to 

whatever contentions of fact Dr. Mclaurin may assert be- 

cause plaintiffs have not set forth the same. 

spect to Paragraph 4 of "Plaintiffs? 

. ~ ~ r he 

Contentions of Fact", defendants say: 

  

alleged 3 racial voter polarization, to the extent plaintiffs 

DT 

 



  

rely upon the existence of such alleged polarization in 

years gone by, are irrelevant and immaterial or of such 

insubstantial materiality and present causal effect as 

to be insignificant under the facts of this case. Even 

if plaintiffs contend that such polarization continues 

to the present time, the same objections are appropriate. 

(b) In any event, defendants deny that such 

polarization presently exists to any material degree and 

further say that, even if it does, it is not caused by 

Mobile's electoral system, nor any state or municipal 

action, and will not be removed or alleviated by any change 

in Mobile's form of government. 

(c} Defendants cannot at this time respond to 

whatever contentions .of fact plaintiffs may seek to 

establish through the testimony of Dr. Cotrell or Dr. Voyles 

because plaintiffs have not set forth the same. 

Ds With respect to Paragraph 5 of "Plaintiffs’ 

Contentions of Fact", defendants say: 

(a). It is a fact that the Courts of the United 

States often provide efficacious remedies in instances 

where racial discrimination is claimed to have been practiced 

by the City's government (and the existence of such remedies 

is one of the facts upon which defendants rely). However, 

defendants deny that the imposition of single-member dis- 

tricting would make the existence of such remedies unneces- 

sary or minimize their use. 

(b) Defendants deny that blacks are entitled to 

require that “a proportionate number of black citizens” 

be appointed to the City's Boards and Commissions. To the 

extent that plaintiffs' contention infers that blacks are 

not given due consideration for appointments, or are not prop- 

erly represented, defendants deny plaintiffs' contention. 

In any event, as a matter of law, discretionary appointments 

-28 

 



  

are not reviewed by Federal Courts. 

(c) Defendants deny that petitions to the City 

Commission by those representing or purporting to repre- 

sent blacks have received "consistentiy inadequate responses 

Defendants say that all such petitions have been given fair 

sideration. 

x 1 6. With respect to Paragraph 6 of "Plaintiffs' Con- 

tentions of Fact", defendants say: 

of government applicable to the City of Mobile shows other 

than a strong public interest in its maintenance. 

that other Alabama cities (b) Further, the fact 

have changed from the City Commission form tc a 

form shows that the Legislature of Alabama is not constrained 

to maintenance of the status quo when such a political issue 

is considered. 

- CR Hh 7 re Ty po ge ie LTE ee TL TU nid RENT oa Toh yy ow oy SE eg ¥ i i. With respect to Paragraph 7 of "Plaintiffs' Con- 

\ Fn ip RY on oe Bt FY a Rr FL shee re ie Boop i Shy Bc yur (a) Defendants deny that the creation of sin 

: member districts would "substantially enhance black par- 

ticipation in City government" and say that, on the con- 

trary, black voting power and influence would be eliminated 

or minimized. If what plaintiffs are really seeking (as 

appears to be the case), is an electoral system C alculated 

to assure the election of a black to the City governing 

ocdy, then defendants say that they concede the possibility 

that the City could ke so "gerrymandered" as to assure such 

(assuming cohesiveness of black voters), but further say 

that this would be accomplished only with resultant detri- 

ment to many blacks and the community generally. 

-g om 

ayor—-Council. 1 

 



 
 

  
 
 

 
 

 
 
 
 

 
 

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DE. F E NN DANTS L] 

1. Whether 

them to any relief 

! Whether in 

United States Consti 

and federalism, 

different form of 

by or Zor that City 

or, in any event, 

£3 tates Constitution 

31 of a fferent form of 

the facts and circumsta 

should se the ek 

entitled in the 

are elected from single 

STATEMEN 

plaintiff: 

in the 

light 

tution 

a United 

gover 

(in 

whether 

jus 

sta; 

under 

poli 

T OF CONTESTED LEGAL ISSUES 

~~ 
> have proved facts entitling 

action. 

OF the Tenth Amendment to the 

and the doctrines of comity 

" i 

S %. Court should impose a 

nment upon a city than one chosen 

this case the City Commission forn 

- 

those doctrines or United 

tify the imposition by 11s Court 

City government for Mobile under 

nces of this case. 

the facts of this case the plain- 

tical remedy to which they claim 

segislature of Alabama, whose members 

-memher digtricts o almnetr nerfect yes ; Tr recy 

numerical equality pursuant to a reapportionment plan 

ordered by a three-judge district court of the United State 

and approved and affirmed by the Supreme Court of the Unit 

c
r
 

C
T
 

4. Whether under 

sition by this Court of 

government of Mobile fr 

form would be a remedy 

al minimis constitutional 

as to be entirely inapp 

this case. 

5 unde 5. Whether H 

sition of the election 

member districts would 

due process of law and 

be otherwise inappropri 

the impo- 

change in the form of the City 

om City Commission to some other 

hg so out of proportion to any de 

WI plaintiffs may prove 

ropriate in the circumstances of 

case the impo- 

Commissioners from single- 

itself effect a deprivation of 

of equal on of the law, or protecti 

ate, in light of the statutory 

 



  

distribution of powers between the Commissioners. 

6. Whether under the facts of this case the impo- 

sition of single-member districts in the C ity of Mobile 

would be constitutionally or otherwise inappropriate be- 

" s 8 

e C1 7 "OF cause geographic shifts in the population of th xy 

Mobile to or from a particular district would effect to 

that extent a numerical malapportionment in violation of 

the equal protection clause of the United States Constitution. 

7 Whether plaintiffs are entit] 

Mobile blacks, as a class, within the requirements of 

Wind 
Rule 23 of the Federal Rules of Civil Procedure. 

 





  

DEFENDANTS ' APPENDIX A: 
I lh a Sn TRA 

CITY OF MOBILE GOVERNANCE   

1. 1814 *
e
 [At-large]: Seven Commissioners were elected 

at-large for the town of Mobile; they elected a President 

from their number. Act of Legislature of the Territory of 

Mississippi, January 23, 1814. [Source: Toulmin's Digest, 

2. 1819 [At-large]: City of Mobile was incorporated, i 

governed by a Mayor and six aldermen to be elected at- 

large annually. Acts of Alab. 

    

[ Source: Toulmin's Digest, p. 784]. 

3. 1825 [neither at-large nor single-member districts] Les 88 

A Mayor and six aldermen were to be elected at-large, after 

which they were to divide the city into three or more wards 

from each of which two or more aldermen would be elected, 

3 
not ‘to exceed a total of nine aldermen. Acts of Alabama,   

January 9, 1826. 

- 

4. 1833 [no change]: The legislature provided for 

election of commissioners whose only duty it would be 

to divide the city into wards. No change was otherwise made 

in the form of government. 

5. 1840. Despite inquiry at several law libraries 0 s 

we have been unable to locate this statute. We believe that 

 



  

a a T3 
** Lo 

a form of government 

statutory form was 

statutes, 1t ® 

- 

statute 

provided 

Li 

consolidated a 

that the city would 

be governed by a Mayor and seven-member Common Council, 

to be elected at-large, with a provision that one common 

  

AA a oY a Lig® Bet very gn a EC nt) bo ZA man reside in (but not be elected from) each ward. 

rl. om - ~ I | tod bt 27 i or Jou Lo #24 There was also a Board of Aldermen, to consist of thi 

members elected 1 the voters by 

OF MOBILE 

fo i FF RAE 1 ¥31 1 om TACHI, Re = 
7+. 1866 [ m ixed] : Lhe number or 

La aR) 

from coven Fo aitoht 1 114 ha Fr ry A= 
LLU oCQVELL LO CLE 2 P IL THe TOoOrm ox 

    

© TT - 

VV dal 

YET ~ po TS a LTS Oo - \ A 

goverment was not 

  

9) FA - re . + 51 To Bee ot Eon 0 vain >; EL. Loe i at 
8. 1868 [At-large]: This statute provided that the 

Governor was to appoint a Mayor, twenty-four aldermen, and 

  

Nd T 5 e vg ® ps 
poy SR 3 ~~ rT TY 2 "FT eyes PRI. J. FI I p UT dP 2% TY EF . _— . - ei1ent councilmen until their successors were elect 

mi. - IT AE ho J pe JE 8 rae we a cu NE For — RF ok PTR TD ” he statute did not limit appointments to geographic areas 

Vy Or Tr 2m eis ee pire 5 a. oF re TE ie ia 
and was thereicre a pparenct y an 

1 CQ 40 1868, p. 4. 

Thi 

  

- os pe pre wre 2 os ~ we J oF mon ib _ for ve act. It provided that the Governor was to appoint twenty- 

wnt Cn SY rE en wig] DI PPT nent WE Se : 
four aldermen and eicht common councilmen who would then 

e 

  

von rs mmc in'S h. wn fe eT 
assemble in convention act the 

Me BE te BEE Wi ETE !. = PS, Mi See explicitly provided that "under this 

© 

habits Lik ab any in 

  

to the 

1868, 

  

ity of 

  

Gove 271 

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