ACLU sues Albuquerque to force redistricting

The American Civil Liberties Union (ACLU) of New Mexico is demanding that the City of Albuquerque reverse its decision to postpone redistricting until after the upcoming city council elections in October 2011.

Yesterday the group filed this lawsuit in state district court.

Data from the 2010 census shows that Albuquerque’s West Side experienced significant population growth, while other areas of the city remained stagnant or shrunk in population. The ACLU said it believes the Albuquerque City Council will dilute the voting power of residents on the West Side.

“At the heart of our democracy is the principle of ‘one person, one vote’,” ACLU-NM Executive Director Peter Simonson said. “When one city council district is grossly underrepresented, other areas of the city speak with a louder voice when it comes to making decisions about political leadership, bond proposals, and other important issues that affect us all. Failing to redistrict waters down the vote of citizens living in high-growth areas.”

The City of Albuquerque is divided into nine separate districts, each holding one seat on the city council. By law the boundaries of these districts must be drawn in such a way that each district is roughly equal in population. According to the latest census data, District 1 and District 5—both on the West Side—have 90,170 and 83,165 residents respectively. The remaining seven districts all have constituencies ranging in the low to mid-50,000 range.

For the past three decades following the release of new census data, the City of Albuquerque has moved swiftly to redistrict before the next city council election, ensuring that all areas of the city remained equally represented. This year, with full knowledge of the current major imbalance, the city chose to postpone redistricting until after the October 2011 city council election.

“The entire purpose of census data is to make sure that our government accurately represents who we are and the communities we live in,” ACLU-NM Cooperating Attorney David Urias said. “By ignoring the latest census data, the Albuquerque City Council devalues the votes of almost two-fifths of the city’s population.”

The ACLU claims its lawsuit represents more than 170,000 people living on the city's "underrepresented" West Side, the ACLU of New Mexico asks the court to prohibit the City Council of the City of Albuquerque from holding elections until they have completed redistricting as required under the Constitution.

Cities are constitutionally required to reapportion voting districts every 10 years following the release of federal census data to ensure equal representation among voters.

Hearing Impaired Women Sues Sheriff's Office with help of ACLU

The ACLU of New Mexico filed suit against the Bernalillo County Sheriff’s Office (BCSO) and several of its deputies on Thursday -- the same day they settled this lawsuit.

The ACLU claims sheriff’s deputies coerced Angelicka Serna, a hearing-impaired woman, to falsely accuse her fiancé, Jose Herrera, of domestic abuse. The suit alleges that BCSO deputies violated the plaintiff’s First and Fourteenth Amendment rights when they threatened to take away her infant son if she didn’t confess that her boyfriend assaulted her.

The suit also alleges that the Defendants violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act by failing to use a certified sign language interpreter when Serna requested one.

The incident occurred in November of 2008 as Serna, her fiancé, and their child attempted to leave an apartment where they had just been caught in the middle of an altercation involving other individuals.

BCSO deputies arrived outside as they were leaving and noticed the minor bruises and scrapes the couple sustained in the confusion of the fracas. When questioned by the deputies, Serna produced a card that explained she was hearing impaired and requested the presence of a qualified interpreter.

Ignoring her request, the deputies instead separated the couple and relied instead on Jose’s half-brother, Louis Herrera, who possesses only rudimentary sign language skills and is not a qualified interpreter.

“This incident is an excellent example of why we have laws like the Americans with Disabilities Act,” said ACLU-NM Executive Director Peter Simonson. “If the sheriff’s deputies had taken the time to procure a certified sign language interpreter as required by law when one was requested by Ms. Serna, the misunderstanding would not have led to the shocking violation of her rights and the wrongful arrest of Jose Herrera.”

The ACLU of New Mexico is suing BCSO on behalf of Angelicka Serna for damages and also demands that BCSO alter their regulations to be compliant with the ADA and Rehabilitation Act. The case was filed by ACLU-NM Staff Attorneys.

ACLU settles lawsuit with Bernalillo County Sheriff's office

The lawsuit stems from searches deputies made during their massive manhunt for accused deputy killer Michael Paul Astorga.

In 2006, deputies surrounded Astorga’s father in law’s home with guns drawn and ordered family members to exit out of their home. After handcuffing each of them, the officers proceeded to search the residence.

But, The 10th Circuit Court ruled a families association with a suspected criminal is NOT sufficient probable cause to obtain a search warrant. The ACLU says the court’s decision and settlement sets clear limits for officials, who they say violated the constitution in their pursuit of Astorga.

The Tenth Circuit included this statement in their decision:

Although we are sympathetic to the urgency of the officers’ search for Astorga, we conclude that these actions violated the Fourth Amendment. Adhering to established Supreme Court precedent and the unanimous case law of this and other courts, we hold that a familial relationship is insufficiently particularized to justify invading an individual’s reasonable expectation of privacy.

The controversy surrounding this issue erupted in March of 2006 as law enforcement officials began a massive manhunt for Michael Astorga, who was suspected of shooting and killing Sheriff’s Deputy James McGrane, Jr. during a routine traffic stop. Astorga’s father-in-law, Rick Poolaw and his daughter, Chara Poolaw immediately began helping law enforcement efforts to apprehend Astorga after BCSO notified them he was a murder suspect.

At the time, Astorga was married to another daughter of Rick and Cindy Poolaw. Fearing for their daughter’s safety, the Poolaws offered up information that they thought might lead the police to Astorga. However, despite their unwavering cooperation and Rick Poolaw’s honorable 25 year service record as a State Police Officer, BCSO officers obtained a search warrant for the Poolaw residence based solely upon the fact that the Poolaw daughter, then Astorga’s wife, was known to stay at her parents’ house from time to time.

On the evening of March 24th, 2006, officers surrounded the Poolaw residence with guns drawn and ordered Rick, Cindy, and other family members to exit their house. After handcuffing each of them, the officers proceeded to search the Poolaw property and residences. Officers also confiscated several items belonging to the family. Four days later, BCSO officers seized Chara outside of her workplace in front of her colleagues and clients and held her at gunpoint while they searched her car. Despite her cooperation with BCSO, the officers performed this search without a warrant and only on the grounds that she was an in-law of Astorga.

From a news release:

We and the Poolaws have always been sympathetic to BCSO officers for the death of one of their own,” said ACLU-NM Co-Legal Director Jane Gagne. We also have high regard for the great risks that law enforcement officers face every day in the line of duty. But our sympathy and our regard do not diminish our determination and our duty to honor and protect the Constitution.

Rick, Cindy, and Chara Poolaw were deeply hurt by BCSO's actions against them, especially since Rick Poolaw is a respected retired State Police Officer, and they had helped BCSO in the search for Astorga. The Poolaws are gratified that the New Mexico Federal District Court and the Tenth Circuit Court of Appeals have confirmed that the Fourth Amendment retains its vitality even in times of tragedy.

ACLU-NM Managing Attorney George Bach, along with Co-Legal Directors Jane Gagne and Phil Davis, filed the suit on behalf of the plaintiffs.

ACLU and Bernalillo County Clerk Entangled in Fresh Accusations

Democracy for New Mexico's got the scoop on an ACLU lawsuit here.

The blog is reporting that Bernalillo County Clerk Maggie Toulouse-Oliver is refuting allegations by the ACLU that her office released confidential registration information after the ACLU issued a press release announcing the organization had sent a letter to the New Mexico Attorney General calling for a criminal investigation of the Bernalillo County Clerk's Office and the GOP related to the distribution of confidential voter registration information in connection with the GOP's recent allegations of "voter fraud" by ACORN and others.

This is a developing story and Barbara at Democracy for New Mexico is all over it. Stay tuned for more details as they become available.

Photo: MG Bralley