NAACP lawsuit vs. Wicomico County: What's at stake in high-profile legal action?

Wicomico County, the Wicomico County Board of Education and the Wicomico County Board of Elections were officially named as defendants in a federal lawsuit Thursday alleging unlawful and racially discriminatory election practices.

The suit filed in United States District Court for the District of Maryland Northern Division names the three parties, with the plaintiffs being the Wicomico County Branch of the National Association for the Advancement of Colored People, Caucus of African American Leaders, Watchmen with One Voice Ministerial Alliance, and individual voters Eddie Boyd, Luc Angelot, Amber Green and Monica Brooks.

According to a statement by the ACLU, the defendants in question "dilute the votes of black residents and limit fair representation. The action comes against the backdrop of a long history and legacy of racial discrimination and oppression in Wicomico County and across Maryland’s Eastern Shore."

The plaintiffs joined the lawsuit in Baltimore under the Voting Rights Act of 1965.

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NAACP president wants 'true diversity and representation'

"I hope we see true diversity and representation considering these are elected positions," said Monica Brooks, president of the Wicomico County Branch of the NAACP. "In the current system, there's one space allocated for the people of color. Attempts to (create) diversity have all failed particularly in the At-Large space for people of color. This system isn't benefitting our community in any way, shape, or form."

According to Brooks, the legal action is not an "attack" on a specific person in office or in a position of authority at these entities, but on the unfair system itself. Brooks also counters the argument that there were no complaints about the At-Large system brought to attention of county leadership.

"If (the public) recalls this issue being discussed in 2013, we see that nothing has been done 10 years later. We have to see what's been remedied and nothing has happened. There are people that have a problem and they come to us at the NAACP as intermediaries. But there are many that are scared to come forward," Brooks said.

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Lawsuit: 'Wicomico County has a long and disgraceful history of discrimination'

According to the 35-page complaint, the use of a "dilutive At-Large structure to limit opportunities for black voters in elections for the Wicomico County Council and Board of Education" highlights that "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."

The filing also stipulates although Wicomico County’s black residents account for nearly 30% of its overall population, and Black, indigenous, people of color are over 40% of the population, the county and its school system are governed almost exclusively by white officials.

That is, white officials hold all but a single seat among the seven on both the county council and school board, with a lone black member on each elected from the single majority-black district.

It further contends throughout the history of the county’s hybrid At-Large, single member election system for county council and school board, with two officials elected At-Large and five from single member districts, black officials have been elected solely from the one majority-black single-member district in each body.

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"To end this discrimination for Wicomico County’s black residents, plaintiffs seek to replace the unlawful system with a racially fair plan of seven single member districts – two with majority black populations – in compliance with the Voting Rights Act of 1965," the complaint stated.

The suit calls for the court to deem the At-Large system used by the Wicomico County Council and Wicomico County Board of Education discriminatory according to the voting rights act. It also calls for an injunction prohibiting the listed defendants from holding elections under this unlawful system and mandating that all future elections in Wicomico County be conducted under a racially fair, seven-district election plan.

Wicomico County: who's in charge?

Currently, the Wicomico County Council is comprised of Council President John Cannon, who was an At-Large candidate, Shane Baker from District 3, James Winn, who is an At-Large representative, Shanie Shields in District 1 as the only black councilmember, Jeff Merritt from District 2, Josh Hastings from District 4 and Joe Holloway from District 5.

On the county's school board, N. Eugene "Gene" Malone, Jr. represents District 2, Allen C. Brown, Sr. represents District 1 and is the only black representative, Bonnie H. Ennis is an At-Large representative, Kristin Hazel is an At-Large representative, Susan W. Beauchamp represents District 3, David A. Plotts represents District 4 and John Palmer represents District 5.

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School board, Board of Elections representatives respond to lawsuit

"Wicomico County Public Schools and the Wicomico County Board of Education abide by and support our Policy declaration and legal obligation regarding equal opportunity and equal treatment for all including Wicomico County students, families, staff, visitors and other stakeholders and community members," said school board spokesperson Tracy Sahler.

Sahler also confirmed the board had not been formally served with lawsuit paperwork.

The Wicomico County Board of Elections responded by saying it will continue to operate under current standards until instructed otherwise.

"As a Board of Elections Director for the State of Maryland, I will be guided by the State Board of Elections policy and procedures, Wicomico County Government and the Wicomico County Board of Education," said Dionne Church, the county's election director.

The 2022 U.S. Census Bureau noted Wicomico County was 28% black, 6% Hispanic or Latino, and 64.9% white with the remainder of the population a collection of other smaller racial percentages.

This article originally appeared on Salisbury Daily Times: 'Disgraceful history of discrimination' at center of Wicomico lawsuit