First ACLU-FL Letter

Letter from ACLU of Florida to City Commission,

Re: Legal Requirements in City Commission Redistricting

and West Coconut Grove Concerns,

Feb. 25, 2022

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4343 West Flagler Street

Suite 400

Miami, FL 33134

www.aclufl.org

Nicholas Warren

Staff Attorney

nwarren@aclufl.org

(786) 363-1769

Abdelilah Skhir

Policy Strategist

askhir@aclufl.org

(786) 363-1660

February 25, 2022

Miami City Commission

3500 Pan American Drive

Miami, FL 33133

Copies to: Mayor Francis X. Suarez, City Clerk Todd B. Hanson, City Attorney

Victoria Méndez, Miguel A. De Grandy, Stephen M. Cody

Via email

Re: Legal Requirements in City Commission Redistricting and West 

Coconut Grove Concerns

Dear City Commissioners,

We write to you regarding several aspects of the City Commission’s 

ongoing redistricting process which have concerned us. We hope that we can 

clarify the City’s obligations and opportunities with respect to these issues.

Firstly, as you know, the City is bound to comply with two critical legal 

requirements: Commission districts must comply with Section 2 of the Voting 

Rights Act, 52 U.S.C. § 10301, which protects racial and language minorities’ 

opportunity to participate in the political process and elect candidates of their 

choice. The City must also respect the U.S. Constitution’s prohibition on racial 

gerrymandering. As part of that mandate, the Commission is barred from 

adopting arbitrary numerical demographic targets when fashioning districts.

It has come to our attention that at previous meetings, Commissioners 

have discussed a target of 50% Black total population or voting-age population 

(VAP) for District 5. Such a numerical target, divorced from any actual analysis 

of what share of the population or electorate may be necessary to afford Black 

voters an opportunity to elect preferred candidates, raises equal protection 

concerns. Furthermore, overconcentrating Black voters in District 5 above and 

beyond what is necessary to afford that opportunity to elect preferred candidates 

may constitute unlawful “packing.”

In fact, the total population or voting-age population figures the 

Commission relies on may not relate to the actual opportunity Black voters may 

have to elect preferred candidates in Commission elections. Voter registration 

and actual turnout data for current and proposed District 5 reveal that Black 

voters make up a substantially higher share of registered voters and actual 

voters than the Census figures indicate. For example: Black voters make up 

about:

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• 57.6% of registered voters in the existing District 5;

• 55.8% of actual voters at the last state general election; and

• 62.0% of actual voters at the most recent state primary election.

• 55.5% of registered voters in the most recent proposed District 5;

• 53.2% of actual voters at the last state general election; and

• 61.3% of actual voters at the most recent state primary election.

In comparison, existing District 5 is about 52.9% Black by Census 

voting-age population, and the most recent proposed District 5 would be about 

49.8% Black VAP. We urge you to take the full breadth of available 

information and data into account when crafting districts, rather than looking 

merely at the surface-level Census population totals.

Secondly, Commission districts must be substantially equal in 

population, generally plus or minus five percent from the ideal district size. This 

constitutional requirement allows some discretion for the Commission to 

balance other competing criteria, such as keeping neighborhoods together and 

maintaining the cores of existing districts.

We have noticed some discrepancies in the population figures presented 

to you at previous meetings. For example, Mr. De Grandy’s presentation on 

November 18, 2021 indicated first that the Census counted 442,241 people 

living in Miami (the correct total), but a later slide presented the populations of 

the existing five districts, which added up to just 441,890. This initial error was 

repeated in mathematical calculations throughout the presentation, giving an 

incorrect picture of the population equality—and inequality—of the five 

districts.

Moreover, proposed redistricting plans presented by Mr. De Grandy at 

previous meetings have included precincts that are outside the City of Miami. 

In particular, several areas in the City of Coral Gables have been included in 

drafts for District 2. Needless to say, including non-Miami populations in the 

City Commission’s proposed districts gives an inaccurate picture of the 

population equality of the proposals under consideration. The Commission 

must take care that it uses the accurate and official Census figures, and does not 

include population outside the City.

Finally, we stand in solidarity with the residents of the West Grove 

neighborhood, who have expressed their concerns about being moved out of 

District 2. We note that fixing the first two issues we discuss gives the City an 

opportunity to accommodate West Grove residents’ concerns. Accommodating 

these concerns would be consistent with the Commission’s stated goals of 

maintaining the core constituencies of existing districts, maintaining traditional 

communities, and keeping neighborhoods whole. While existing District 2 must 

shed population to achieve substantial equality, it can do so from its northern 

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end and from the west side of US 1, permitting the West Grove neighborhood 

to remain together in District 2.

If we can share any other information that would be helpful, please don’t 

hesitate to contact us.

Sincerely,

Nicholas Warren Abdelilah Skhir

Staff Attorney Policy Strategist

(786) 363-1769 (786) 363-1660

nwarren@aclufl.org askhir@aclufl.org

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