So, Where Were We?
It’s been a while. I last posted on May 30th. In that post, “Re: LA R.S. 17:71.3(E)(1),” I discussed the law suit filed in state court (not Federal) challenging the validity of Plan 22, the map adopted by the EBR School Board on May 5th. I am one of the four plaintiffs in the suit, Singleton, et al vs. East Baton Rouge School Board, et al. The basis of this suit focuses solely on Plan 22’s violation of LA R.S. 17:71.3(E)(1), which prohibits the School Board from splitting precincts unless necessary when establishing the boundaries of its districts.
The suit requests the court to declare Plan 22 “null and void” and instead declare the Ware/Collins Plan 1-11 “to be the sole reapportionment plan based upon the 2020 Census that may be considered by the School Board for adoption.”
Since that suit was filed there has been quite a bit of activity but still no firm resolution.
Judge Tarvald Smith issued a decision on June 17th which declared Plan 22 null and void and offered the East Baton Rouge School Board two options to resolve the matter. The Board could implement the Ware/Collins Plan 1-11, the only other plan nominated during the redistricting process adopted by the School Board. Or it could implement a new map, with any number of districts, as long as it contained whole precincts and abided by the Federal Voting Rights Act. Because in the preliminary hearing the Secretary of State—one of the other named defendants in the suit—had argued the map must be submitted by June 22nd, Judge Smith ordered the School Board to submit its map on that date.
The School Board did not schedule a meeting to respond to Judge Smith’s order. They did not consider adopting a new map with whole precincts. They did not consider the Ware/Collins Plan 1-11. Instead, the Board submitted the Ware/Collins Plan to the Secretary of State’s office, and its legal counsel declared its intention to appeal the decision in the First Circuit Court of Appeal.
On June 30, a three-judge panel issued a decision on the request for a stay. The request was granted in part and denied in part. The request for a stay on “the order requiring the EBR School Board to implement the Ware/Collins Plan 1-11” was granted.
The Secretary of State’s office interpreted this decision to mean that neither Plan 22 or the Ware/Collins Plan 1-11 could be used for this fall’s election. Instead, the Secretary of State intends to use the map currently in place, the unjust map adopted in 2014 which in addition to all its original flaws is now terribly malapportioned.
Last Thursday, the attorney for the plaintiffs filed a motion requesting an expedited trial.
That’s right. The matter itself has not actually gone to trial. These proceedings have all been requests for injunctions and stays based on the merits of the suit itself. In the meantime, the clock is running out. Qualifying for this fall’s School Board election is July 20-22. That’s at the end of next week.
The deadline for qualifying is as significant as election day. It determines whether voters have any real choice in who represents them. If no one challenges an incumbent, the incumbent is re-elected without a vote. That’s how Mark Bellue (District 1), Connie Bernard (District 8), and David Tatman (District 9) garnered their seats on the School Board in 2018. If only candidates backed by the pro-charter billionaires are on the ballot, then there is only the appearance of choice.
If our School Board elections this fall are to be meaningful, we need good candidates. We need candidates who believe that the purpose of public education is to provide all children regardless of race, socioeconomic background, or ability with a quality education. We need candidates who understand that in order to fulfill that responsibility, we must have the democratic control of our schools. We need candidates who can be true public servants, candidates who can withstand the pressure to become pawns in the Baton Rouge Area Chambers’ privatization agenda.
Might that be you? If not you, then who will you recruit to run?
Lussier, Charles. “A novel legal tactic could flip the racial balance of Baton Rouge's school board,” The Baton Rouge Advocate, 28 May 2022, https://www.theadvocate.com/baton_rouge/news/courts/article_908a1ce8-d54e-11ec-8d7c-5b045410d9db.html.
—. “Splitting precincts? Judge to rule soon on whether Baton Rouge School Board went too far with new election maps,” The Baton Rouge Advocate, 13 June 2022, https://www.theadvocate.com/baton_rouge/news/crime_police/article_dac055b8-eb22-11ec-9c37-9b178ce293cf.html.
—. “Judge tosses new Baton Rouge school board maps,” The Baton Rouge Advocate, 17 June 2022, https://www.theadvocate.com/baton_rouge/news/courts/article_35c75cb2-ee80-11ec-a86b-9b73645c2b0a.html.
—. “Baton Rouge school board appeals ruling tossing its new election maps,” The Baton Rouge Advocate, 20 June 2022, https://www.theadvocate.com/baton_rouge/news/education/article_d03c6022-f0e1-11ec-a0b3-336bae084b63.html.
—. “Baton Rouge School Board elections thrown into doubt by court ruling,” The Baton Rouge Advocate, 30 June 2022, https://www.theadvocate.com/baton_rouge/news/education/article_63c6faea-f895-11ec-a6c0-033200bb6a15.html.
—. “With School Board election maps in legal limbo, Baton Rouge may just use the old one,” The Baton Rouge Advocate, 02 July 2022, https://www.theadvocate.com/baton_rouge/news/courts/article_038c24c2-f997-11ec-ab3f-af16d37b49b8.html.