Is it possible to file lawsuit to support for A “Unite PQ in D5” campaign?

Many people asked whether we could file lawsuit to support for A “Unite PQ in D5” campaign. We have several people discussed. Here are some thoughts.


If we can prove the current re-districting plan is illegal, it's possible to file lawsuit.

Here are some discussion points from some emails for your reference.

a) We have one of the commissioners (on record) saying that the proposed re-districting plan is to cater (not sure if it is the right word) to the APAC to group Asians together to create a "power group" to advance the Asian's interests.  According to the sandiego.gov website, re-districting should be accomplished by "Avoid diluting voting strength of protected classes, as set forth in Voting Rights Act of 1965; but accomplish this without race being a predominant motive" ... note that "race" should NOT be a predominant motive.  The proposed separation of Park Village from the rest of Penasquitas (and the original proposed separate of Penasquitas from District 5) makes absolutely no community, financial, geographical sense, etc., except for the "race" motive.

(b) The re-districting should "Keep communities united" ... this is obviously not the case because the plan splits Penasquitas into 2 and "rips" us away from District 5 ... communities that we have common interests. City Charter Section 5.1 requires that the re-distracting should "Preserve identifiable communities of interest" ... By our presence at the meeting last night, we have nothing in common with the residents of District 6.  By their own admission, they won't "split" Sripps Miramar Ranch and put them in District 5 even though SR has shared many common interests with Mira Mesa but they are ripping us apart and cast out Park Village ... their "key principle" of "keeping communities united" is being applied arbitrarily.

(c) From what I heard from the other more knowledgeable residents of Park Village, if we are grouped with District 6, we have to deal with 2 districts (5 and 6) regarding issues in our community ... it is a waste of time and money ... legally, the re-distrcting plan creates a "hardship" on us, specifically, "financial hardship" ... yes, time is money if we have to deal with 2 separate district regarding our interests.  And our interests are not going to be protected when we have to deal with District 6, who probably wouldn't care less about those of us who live up north separated by the canyon.

(d) The "entire" concern that the commissioners had last night was to "even out" the population in each district (the target number is 144,000 residents).  Putting Park Village back in District 5 will increase District 5 to 150,000 while lower District 6 to 130,000.  The commissioners are unwilling to put other communities back into District 6 (they are not going to "take it here and there" to increase District 6's population so that Park Village can go back to District 5).  Rule for Deviation ... in the sandiego.gov website, it says that, in the past, court has upheld a 10% deviation WITHOUT justification (although it doesn't mean that it won't be challenged).  Therefore, the commissioners should be more concerned about a lawsuit by us (re ripping us apart from District 5 and placing us in a district with whom we have no common interests) than a "mere number game" to even out the population in all districts. 

 

Could anyone verify we could file a law suit based on current information? Any lawyer could help?