NAACP, voters to sue Wicomico, challenging 'racially discriminatory' at-large districts

The Wicomico County NAACP has joined with other groups and four individual voters to file suit against Wicomico County challenging the at-large component of the county's election system.

Here's what to know from the NAACP news conference held Thursday outside the old county courthouse in downtown Salisbury.

Voting system labeled 'racially discriminatory and unlawful'

The lawsuit, which will be filed later Thursday in federal district court in Baltimore, per a news release, is being filed under the Voting Rights Act of 1965 to challenge the "racially discriminatory and unlawful at-large component of the election system for the Wicomico County Council and Board of Education."

The lawsuit stating that the at-large system "dilutes the votes of Black residents and limits fair representation" is being filed by the Wicomico County Branch of the NAACP, the Caucus of African American Leaders and the Watchmen with One Voice Ministerial Alliance, along with individual voters Eddie Boyd, Luc Angelot, Amber Green and Monica Brooks, per the release.

Together, per Thursday's news release, they are "asking the court to declare the current election system unlawful, and require the County and School Board to create a fair system that complies with the Voting Rights Act."

SALISBURY-WICOMICO FIRE AGREEMENT: Is $2 million from Wicomico County to Salisbury for fire service a done deal? Not yet

What the lawsuit vs. Wicomico County specifically alleges

Tracing the history of what it labels "race discrimination in Wicomico County and its impacts on Black residents entrenched through the county’s use of a discriminatory election system," the lawsuit alleges:

"Wicomico County has a long and disgraceful history of discrimination against Black residents, evident in pervasive segregation, overt racial polarization throughout the community, and unequal access to education, employment, housing and government services based on race. Against the backdrop of this history and its continuing legacy, the Defendants’ election practices and structure work in concert with patterns of racial polarization in voting to empower Wicomico’s white majority to override and dilute the influence of Black voters, suppress Black candidacies and deny Black residents equal opportunity to elect their chosen representatives. Defendants’ longstanding maintenance of this racially dilutive system has denied Plaintiffs their rights to vote free from discrimination and to fair representation in their government over the course of decades.

Wicomico County Council President John Cannon explained the announcement of the lawsuit was not expected noting, to his knowledge, there have never been any claims of unfair election practices brought to the attention of county leadership.

"This has caught everyone off guard and we're not familiar with the actions claimed in this announced (suit)," Cannon said. "These (organizations) are suggesting the county has resisted any type of fair election practices. To my knowledge, this matter has never been brought before county council or any other representatives of Wicomico County in many years. We just had a public hearing two days ago and no one came forward with these concerns."

Cannon went further to point out after every census is taken, there is a redistricting process to adjust to population changes. According to the council president, that process was done within the past two years.

Responses from the plaintiffs who filed lawsuit vs. Wicomico

Here, from Thursday's news conference and release, is what some of the plaintiffs had to say about the action, edited only for length.

Eddie Boyd, individual plaintiff: Amber Green, individual plaintiff and advocate from Wicomico County, said: “This work is so important for this area because the young people feel so disempowered, like they don’t have a say, don’t have a voice, and they feel that way because the adults in their lives feel that. It’s a generational trauma born of not having your voice matter. Young people are dealing with so much, an increase in youth incarceration, a mental health crisis, and homelessness. It makes sense for them to be in the forefront of making community decisions that impact them. But the current system does not encourage them to register and vote. We need to change that.”Amber Green, individual plaintiff: “This work is so important for this area because the young people feel so disempowered, like they don’t have a say, don’t have a voice, and they feel that way because the adults in their lives feel that. It’s a generational trauma born of not having your voice matter. Young people are dealing with so much, an increase in youth incarceration, a mental health crisis, and homelessness. It makes sense for them to be in the forefront of making community decisions that impact them. But the current system does not encourage them to register and vote. We need to change that.”

Monica Brooks, individual plaintiff and president of the Wicomico County Branch of the NAACP: “This is not a new struggle, but a new front on an old one that has been going on since the reconstruction era. There has rarely been a time in our country’s history where there hasn’t been some form of racist disenfranchisement or gerrymandering, and Wicomico is no exception … unless we can use this moment to prove otherwise … unless we can create a ‘new reconstruction’."

Rev. Dr. Lewis Watson, president of the Watchmen with One Voice Ministerial Alliance: “We the Watchmen with One Voice Ministerial Alliance find ourselves many times speaking for the voiceless. We are a group of ecumenical pastors representing our community and oftentimes we see policies that put Black and Brown people at a disadvantage. The current system, where minorities are represented by only one out of seven seats, will always put us at a disadvantage. Equality leaves the door open to everybody to come in. That’s why we need Wicomico County leaders to be fair, so that we can all be at the table.”

Carl O. Snowden, Convenor of the Caucus of African American Leaders, said: “This voting rights lawsuit will make the Wicomico County government a more inclusive and representative government. It is our goal to make Wicomico County a better place not a bitter one.”

SALISBURY ELECTION: Salisbury election 2023 takeaways: What drove Randy Taylor to lead in mayoral vote?

More from NAACP and Maryland ACLU on why action was taken:

Thursday news release sent by ACLU Maryland and the NAACP went on to state these further reasons why the lawsuit will be filed:

"Nearly 30 percent of Wicomico County’s population is Black, and over 40 percent is Black, Indigenous, People of Color (BIPOC), while students attending Wicomico County public schools are 63 percent BIPOC.  Yet the County and its School System are governed almost exclusively by white people.

"White officials hold all but a single seat among the seven on both the County Council and School Board, with the lone Black member on each elected from the single majority-Black district.  Likewise, all state legislators representing Wicomico County are white, with the sole exception of the state delegate elected from a majority-Black district ordered into effect by Maryland’s federal court through voting rights litigation. Overall, the County Executive, School Superintendent, State’s Attorney, Sheriff, Register of Wills, Court Clerk, Judges of the Circuit, District and Orphan’s Courts all are white.

"Since adoption of the County’s hybrid election structure in 1990 as part of voting rights litigation brought by the U.S. Department of Justice, no Black or other BIPOC candidate has ever won election to either of the at-large seats nor to any district seat except the single district with a majority-minority population, despite several attempts and the increased presence of BIPOC residents in the County. In this way, Wicomico’s 5-2 system marginalizes the Black electorate and enhances the white electorate to ensure that six officials for each body are elected by a white majority of voters, and only one by a Black majority.  Through this unlawful, partial at-large system, the County is able to perpetuate a long legacy of discrimination."

The plaintiffs are represented by John Freedman, Jonathan Stern, Michael Mazzulo, Michael Mischke and Anora Wang of Arnold & Porter, as well as Deborah Jeon and Nick Taichi Steiner from the ACLU of Maryland.

US SENATE RACE: Maryland’s Democratic U.S. Senate candidates converge on Shore. See who won straw poll.

This article originally appeared on Salisbury Daily Times: NAACP, voters to sue Wicomico on 'racially discriminatory' voting map