Judge’s Ruling Moves Redistricting Fight to State Courtroom

A bitter challenge to an approved San Diego redistricting plan once again came to an end in federal court after a judge remanded the case to the state, saying the federal court lacked jurisdiction.

Stating that it would be difficult for state court judges to play “catch-up” on a case that has been largely tried in federal courts, U.S. District Judge John S. Rhoades nevertheless said “no federal jurisdiction exists, and I’m therefore remanding the case to Superior Court.”

The redistricting plan, approved by the City Council in September, redrew the boundary lines of several voting districts. Supporters say the boundaries allow District 8, which stretches from downtown to the South Bay, to increase its percentage of Latino voters from 40% to 53.8%, possibly allowing for the first election of a Latino City Council member in this century.

Critics of the redistricting, principally the four City Council members who voted against the plan, led by Mayor Maureen O’Connor and City Councilman Bruce Henderson, say the plan is a result of secret meetings, a violation of the state’ Brown Act, and were gerrymandered.

They say that, although they have no dispute with the boundaries of Districts 4 and 8, which increase the number of black and Latino voters respectively, the plan unfairly breaks up the Asian-American and Pacific Islander voter concentration in District 5.

“Big victory for us,” Henderson said of Rhoades’ decision. “When the council acted, they totally ignored (the Asian-American) concern and split Mira Mesa and Linda Vista. We’re going to put that back, and, in fact, we’re hoping a Filipino-American will run in the District 5 race against Linda (Bernhardt).”

The city attorney ruled Thursday that only voters within the former boundaries of District 5, which combines Mira Mesa and Linda Vista, could vote in Bernhardt’s recall election.

Linda Zappe, the attorney who represented Rancho Bernardo Community Council leader Jim Abbott and three other plaintiffs in their attempt to have the case for the other districts moved into state court, said she was pleased with the judge’s ruling.

“What we plan to do, once it gets back in state court, is go forward with depositions of council members and try to resolve it,” Zappe said. The city, which attempted to have the case completed in federal court, appeared the loser in Friday’s ruling.

“We’re not happy, but we’ll face that issue when we come to it in state court,” said Jack Katz, a senior litigation attorney for the city.

“We would have preferred that it all be handled in one jurisdiction, one venue. Inasmuch as (federal court judges) have been handling it since its onset, and they’re well aware of it, they know all of the ramifications and all of the ultimate effects since this thing occurred,” Katz said.