Aranda v. Van Sickle, 77-2714

• Decision Date: 12 July 1979
• Docket Number: No. 77-2714,77-2714
• Citation: 600 F.2d 1267
• Parties: Jose ARANDA et al., Plaintiffs-Appellants, v. J. B. VAN SICKLE et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1267

600 F.2d 1267

Jose ARANDA et al., Plaintiffs-Appellants, v. J. B. VAN SICKLE et al., Defendants-Appellees.

No. 77-2714.

United States Court of Appeals Ninth Circuit.

July 12, 1979.

Joaquin G. Avila, Mexican-American Legal Defense & Educational Fund, San Antonio, Tex., for plaintiffs-appellants; Morris Baller, Mexican American Legal Defense & Educational Fund, San Francisco, Cal., argued.

John A. Lewis (argued), Lewis, Varni & Ghirardelli, San Fernando, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before BARNES and KENNEDY, Circuit Judges, and VOORHEES, District Judge. ^*

BARNES, Senior Circuit Judge:

This is an appeal from the granting of a motion for summary judgment made by the defendants, who were once members of the city council, and the Mayor, of the City of San Fernando, California.

The district court found that the plaintiffs, members of the San Fernando Mexican-American community, who brought this class action under 42 U.S.C. § 1983, had failed to establish that the at-large election scheme used by the City of San Fernando to elect its city council was unconstitutional under the Fourteenth, Fifteenth, Nineteenth, and Twenty-sixth Amendments to the United States Constitution.

I. FACTS : ¹

The City of San Fernando, which has a population of 16,500, was incorporated in 1911 under California Government Code Section 34102. It has used an at-large election scheme under California Government Code Section 36503 or its predecessors in selecting its members of the five-person city council since that time. Council members are elected for terms of four years. The mayor is selected from among the council members.

Since 1911 only three Mexican-Americans have been elected to the city council despite the fact that Mexican-Americans comprise approximately fifty percent of the population. Because of this, plaintiffs, all members of the Mexican-American community and some of whom ran for the city council and lost, bring this class action alleging that they have been denied equal protection.

Plaintiffs contend that San Fernando is racially polarized. In support of this proposition they present certain historical data: old newspaper articles with racist overtones, and deeds which contain racially restrictive covenants until these covenants were declared unconstitutional by the Supreme Court in 1948 in Shelley v. Kraemer, 334 U.S. 1, 68 S.Ct. 836, 92 L.Ed. 1161 (1948).

The city is divided into geographically separate communities. Census tract 3202 which is known as the barrio contains 37% Of the total city population. However, the tract contains 80.1% Of the population with Spanish surnames. The tract has a higher density, more children per woman, fewer high school graduates, higher unemployment, more low income families and families below poverty level, than the rest of the city. In short, the barrio is a geographically distinct community which is organized along racial lines.

Although Mexican-Americans comprise 48.9% Of the population (1970 census), they During the 1972 elections certain members of the Mexican-American community were subjected to harassment by the police. Specifically, certain Mexican-American poll watchers were followed by the police to different polling places and questioned intensively despite the fact that the poll watchers had a right to be at the polls and were operating with the knowledge of the city clerk. In addition, private homes of white citizens are often used as polling places: in 1972, 5 out of 15 polling places were located in public buildings; in 1970, 7 out of 13 polling places were located in public buildings; and in 1964, 3 out of 27 polling places were located in public buildings. The private homes which were used were invariably not Spanish-surnamed households. The percentage of Spanish-surnamed persons participating in the mechanics of operating the election was also low. In 1976 only 6% Of the inspectors and 13% Of the judges had Spanish surnames.

comprised only 28.7% Of the registered voters in 1972. Voting appears to follow racial lines, that is members of the white community vote for white candidates while members of the Mexican-American community vote for Mexican-American candidates. Neither members of the city council nor the mayor have lived in the barrio for the ten years prior to the institution of this suit.

Mexican-Americans were also sparsely represented on 18 city commissions. None of the city commissions had 50% Mexican-American membership. Over the 10 years prior to the institution of this suit, 6 of the city commissions had no Spanish-surnamed appointees and the Planning Commission had only 3 members who were barrio residents during those ten years. The following commissions had from 6% To 18% Spanish-surnamed membership: Citizens Committee on Redevelopment, Community Cultural Development, Lopez House, Personnel Board, Planning Commission and Steering Committee Recreation Park Issue. The city employed 35 Spanish-surnamed persons in 1974 in contrast to 92 whites and the vast majority of the Spanish-surnamed persons were the lower paid employees.

Plaintiffs also allege that the city is not responsive to the needs of the Mexican-American community. As specific examples the Newville-Meyer General Plan which would have expanded a street in the barrio and, so the residents felt damaged the "residential integrity" of the barrio; a high-rise apartment complex proposed by the city which would have forced low income Mexican-Americans from the city, and the failure of the city to place a stoplight at a street intersection located in the barrio despite the fact that many accidents had occurred at the intersection.

Plaintiffs also state that discriminatory campaign tactics were used in elections in which there were strong Mexican-American candidates. In support of this they quote from a 1954 editorial which appeared in the San Fernando Sun. They allege the article which attacked Jose Aranda, a Mexican-American's candidacy, was racially oriented. The article stated:

"For the record . . . on June 8, 1951, JOSE ARANDA (together with Lee Ward, Sam Richardson, Gilbert Dotson, Robert Martinez and John Anderson), signed the official 'notice of intention to recall' 'Herb' Martin . . . one of the finest city councilmen we have ever had.

"For the record . . . JOSE ARANDA was the president of the so called 'Civil Betterment League' which backed Smith, Schofield and Padilla . . . which tried to wreck the protection of civil service . . . which published the 'Bulletin.' "

In 1972, Jess Margarito, Richard Corona, and Alfred Bernal were the Mexican-American candidates for the city council. At that time an extensive voter registration drive was initiated by the Mexican-American community. As a result of this drive, 28.7% Of all voters were Spanish surnamed. Just prior to the election, the city clerk issued statements concerning alleged voter registration irregularities. The incumbent mayor then issued a press release in which he stated "Obviously our city election offers an enticing target to any outside organized group who needs a base of operations for their form of political activism. I believe it to be part of a State-wide trend whereby activists are attempting to wrest control of as many city governments in California as they possibly can from those they brand as 'Establishment.' They seek to gain entry into our houses of government that they may throw wide the doors to their followers who are waiting at the gates to join in the disruption of our orderly governmental processes. Their goal is chaos in government."

Plaintiffs allege that the statement concerning outside political agitators was an obvious reference to the La Raza Unida Party, a Mexican-American organization, which had conducted the voter registration drive. Whether the statements were designed to spread racist fears or not, the largest number of people turned out to vote in a city election in San Fernando history.

The City of San Fernando in a letter to its California assemblyman has justified its preference for at-large elections in this manner:

"District elections in some cities are desirable and exist in these cities where residents have Voted to use them. However, in some cities, the use of districts would not only artificially limit qualified people from serving on city councils, but would make it difficult for some cities to recruit candidates in every district which is necessary for meaningful choice by the voters."

Plaintiffs contend that this statement is tantamount to saying that the statement must be taken to express doubt that qualified Mexican-American candidates from the barrio will present themselves and take issue with the statement.

II. ISSUES

1. Does the "at large" election method used by the City of San Fernando in electing members of the city council violate plaintiffs', Mexican-American voters', right to equal protection and right to vote under the Fourteenth, Fifteenth, Nineteenth and Twenty-sixth Amendments of the United States Constitution?

2. Did the district court err in its determination that there was no genuine issue of material fact present in this case and that viewing the evidence in the light most favorable to the plaintiffs, summary judgment in favor of the defendants should be granted as a matter of law?

Inasmuch as this is an appeal from the granting of a motion for summary judgment, we turn to the record to ascertain if the proceedings below complied with Rule 56 of the Rules of Civil Procedure. The court's Findings of Fact and Conclusions of Law appear at pages 1245-1249, Vol. V (or IV A) of the Record on Appeal, and appear in the attached Appendix A. The district court judge found there was no material issue of fact remaining to be litigated.

Thereafter a Memorandum Opinion was filed by the district court judge. It appears at pages 1171 to 1180 in Vol. V (or IV A) of the...