Trial in redistricting case moved back

Amid concerns over health and safety, the trial date in litigation challenging the redistricting of Sarasota County commission districts has been pushed back.

During a telephone conference with attorneys from both sides Friday, federal district court Judge William Jung set a new trial date for the week of May 11.

The trial had been scheduled to begin April 27.

“Realistically speaking, we’re not going to get this case tried the week of the 27^th,” Jung said at the beginning of the conference call.

Then, expressing reluctance over the use of technology during this crisis, Jung added, “I’m uncomfortable at trying a high level case on a TV screen.”

Both attorneys for the plaintiffs and the county over the last two weeks had filed separate motions to continue the case, recognizing the severity of the COVID-19 pandemic and the stay-at-home executive order issued by Gov. Ron DeSantis.

“We moved to continue to get some guidance,” Lawrence Kellogg, one of the attorneys for the three plaintiffs challenging the redistricting, said. Citing the need for Jung to physically hear and see the witnesses to judge their credibility, he added, “We prefer not to try this remotely.”

John Boudet of the GrayRobinson Law firm, hired by the county to defend the commissioners’ action, took the opposite approach.

Citing the unknowns regarding COVID-19 where public health will be in mid-May, Boudet said, “There’s not likely to be a significant difference than there is today.” Then telling Jung there were “two lousy choices,” he added, “On balance, we came down and concluded a virtual trial is feasible.”

While still hoping for a normal trial, Jung did acknowledge the possibility of holding the trial virtual remained as an option.

The timing of the trial becomes critical at this point as the qualifying period for candidates begins in early June, and Supervisor of Elections Ron Turner would need time to change district boundaries if Jung rules in favor of the plaintiffs.

The case filed in the federal district court in Tampa by Mary Mack, Fredd Atkins, and Michael White, all residents of Newtown, claim county commissioners violated the equal protection clause to the Fourteenth Amendment and the Voting Rights Act of 1965 enacted to enforce the Fifteenth Amendment to the U.S. Constitution by changing the boundaries of the commission districts in advance of the 2020 Census, which is now underway.

One of those changes moved the entire African-American community of Newtown, from District 1 to District 2, giving District 1 a distinctly Republican advantage, where Commissioner Mike Moran, the Republican incumbent, is seeking re-election.

Of the three original counts in the complaint, only one remains to be litigated, the other two having been dealt with, one being dropped by the plaintiffs and Jung ruling against the county on the other.

As to the remaining count, Boudet on behalf of the county has filed a motion for summary judgement. Kellogg must file a response to that motion by April 16. A ruling by Jung in favor of the county on that motion could then bring the case to an end.

Email: [email protected]