CASE SUMMARY

On November 20, 2017, a Virginia voter filed a federal lawsuit against the City of Virginia Beach challenging the City Council’s at-large election method as racially discriminatory in violation of the U.S. Constitution’s 1st, 14th, and 15th Amendments and as diluting minority voters’ voting strength in violation of § 2 of the federal Voting Rights Act (“VRA”). They sought a judicial declaration that the at-large election method was unconstitutional and unlawful, an injunction barring its use in future elections, and an order requiring the City to implement an either ward or single-member district based election system.

  • On March 31, 2021, the U.S. District Court for the Eastern District of Virginia struck down the City’s at-large election method as violating VRA § 2. First ruling that, in the Fourth Circuit at least, a coalition of distinct minority groups could bring a § 2 vote dilution claim so long as they could show their groups were sufficiently “politically cohesive” enough to be treated as a class, the court found the at-large scheme denied Hispanic, African-American, and Asian voters equal access to the electoral process. It enjoined the system and ordered the City to adopt a new, VRA-compliant election system.
  • Defendants appealed to the U.S. Court of Appeals for the Fourth Circuit on April 29, 2021, but that appeal was put into abeyance to allow the district court to complete the remedial process and issue a final judgment.
  • On August 9, 2021, the district court conditionally appointed Bernard Grofman to serve as the court’s special master in devising a remedial plan. The special master released his report on October 26, 2021.
  • On December 22, 2021, the district court adopted the special master’s final remedial redistricting plan as a remedy for the § 2 violations it found. Defendants appealed to the Fourth Circuit five days later.
  • On July 27, 2022, the Fourth Circuit vacated the district court’s decision on the grounds it was mooted by a law recently passed by the Virginia General Assembly which effectively eliminated and replaced the City’s at-large election scheme. Noting that three of the seven City Council seats would still be elected at-large under the new law, the Fourth Circuit remanded the case to determine whether plaintiffs could amend their complaint to a new § 2 challenge.
  • On November 15, 2022, the district court granted the plaintiffs’ motion to stay the case until the newly elected City Council members decided on a new method of election.
  • On August 15, 2023, the City Council adopted a new, ten-member, single-district election system and districting plan. On November 27, 2023, the plaintiffs voluntarily dismissed their case.

CASE LIBRARY

U.S. District Court for the Eastern District of Virginia, Norfolk Division - No. 2:18-cv-69 [originally No. 3:17-cv-773; transferred from E.D. Va., Richmond Division]

U.S. Court of Appeals for the Fourth Circuit - No. 18-1186

U.S. District Court for the Eastern District of Virginia, Norfolk Division - No. 2:18-cv-69

U.S. Court of Appeals for the Fourth Circuit - No. 21-1533 [together with No. 21-2431]

U.S. District Court for the Eastern District of Virginia - No. 2:18-cv-69 [on remand]