State high court will review Santa Monica voting rights appeal

The California Supreme Court granted review Wednesday of an appellate court's ruling that the City of Santa Monica did not violate the California Voting Rights Act by using an at-large voting system.

In July, a 2nd District Court of Appeal panel overturned a trial court's ruling that at-large voting did dilute Latino votes, in a suit filed by the Pico Neighborhood Association and failed city council candidate Maria Loya.

The state high court ordered parties to file briefs Wednesday, addressing: "What must a plaintiff prove in order to establish vote dilution under the California Voting Rights Act?"

The court also ordered the appellate court's opinion to be depublished. City of Santa Monica v. Pico Neighborhood Association, 2020 DJDAR 7174 (Cal. App. 2nd Dist. July 9, 2020).

The association's attorney, Kevin Shenkman of Shenkman & Hughes, who called the appellate ruling "disastrous" in July, was elated Wednesday when the Daily Journal informed him the state Supreme Court had granted his petition for review.

"We're thrilled that the California Supreme Court recognized the importance of this case and the obvious folly of the court of appeal in its result-driven opinion," Shenkman said. "This again means that the California Voting Rights Act will protect the rights of minority voters throughout California."

The city's attorneys, Theodore J. Boutrous, Marcellus A. McRae, and Kahn A. Scolnick of Gibson Dunn & Crutcher LLP, were unavailable for comment.

At issue is whether Santa Monica's at-large voting system diluted minority voting power, resulting in a low number of nonwhite candidates assuming city offices. Los Angeles County Superior Court Judge Yvette M. Palazuelos ruled that it did, following a six-week bench trial in 2018. She ordered the city to revamp its voting structure to a district system.

Shenkman has sued municipalities up and down the state regarding compliance with the Voting Rights Act. Most towns and cities have complied following legal warnings, but Santa Monica has fought the case tooth and nail. So far about $21 million in attorney fees hangs in the balance. Shenkman is joined by R. Rex Parris of the Parris Law Firm.