Case 1:22-cv-24066-KMM Document 172-5 Entered on FLSD Docket 02/02/2024 Page 5 of 6

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Case 1:22-cv-24066-KMM Document 172-5 Entered on FLSD Docket 02/02/2024 Page 4 of 6

Plaintiffs’ Map 2
Percent | FDC-Miami

District | Population | Deviation | je viation | Population

1 86.541 | -1,626|  -1.8% =

2 91,173 3,006 | +3.4% 1,407

3 85,108 | 3,059 | -3.5% =

4 90,388 | +2,221 42.5% =

5 87,624 543 | -0.6% =
Citywide | 440,834 6,065 6.9%

‘We urge you to consider these maps as you continue your legislative
process. We look forward to following your deliberations in the coming days,
and we welcome the opportunity to collaborate with you on a map that fairly
represents all Miami. We submit these options in the spirit of collaborative and
constructive dialogue.

Please do not hesitate to contact any of us if you would like to discuss
this matter further. If you wish to have a meeting including our attorneys,
please reach out to the City Attorney’s Office to facilitate that.

Thank you for your consideration.

ENGAGE

Sincerely,
l MIAMI J
Christopher Hudson Rebecca Pelham
Secretary, GRACE Executive Director, Engage Miami
gracegrove@gmail.com rebecca@engage.miami
(786) 337-1703 (802) 522-4266
Harold Ford Daniella Pierre
President, South Dade NAACP President, Miami-Dade NAACP
president@southdadenaacp.org presidentofmiamidadenaacp@gmail.com
(786) 253-9400 (877) NAACP-09
Alexandra Contreras Clarice Cooper
Jared Johnson Steven Miro
Yanelis Valdes

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May 23, 2023

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Case 1:22-cv-24066-KMM Document 172-5 Entered on FLSD Docket 02/02/2024 Page 1 of 6

Dp COMME.

May 23, 2023

Miami City Commission
3500 Pan American Drive
Miami, FL 33133

3680 Thomas Ave.
Miami, FL 33133

Re: Plaintiffs’ Proposed Remedial City Commission Maps
Christopher Hudson
Board Secretary

Dear City Commissioners,

ial Earlier today, the U.S. District Court for the Southern District of Florida
issued a preliminary injunction in GRACE, Inc., et al. v. City of Miami, our
ENGAGE challenge to the City Commission map. The Court found we are substantially
MIAMI likely to prevail on our claim that the map is an impermissible racial
a gerrymander that unconstitutionally divides voters along racial lines, slicing
through our neighborhoods and violating our rights—as well as the rights of all
863 NE 79" St. Miamians.
Miami, FL 33138
ReheccaPelkam The Court has given the City an opportunity to undo those violations
Executive Director and remedy those wrongs. As the Commission re-embarks on its mapmaking
process, we submit for your consideration two new maps that cure the problems
the Court identified. These maps can be viewed on Google Maps here:
bitly.ws/Fhli. More materials and data files are at aclufl.org/miami-maps.
Printed copies are enclosed here as well.

These Plaintiffs’ Maps 1 and 2 present a new vision for Miami: one that
moves us forward, rather than holds us back; one that advances representation
N A ACP for all residents, rather than constrains it; one that brings us together, rather

South Dade Branch __ than divides us.

P.O. Box 971515 Both maps feature compact and logical districts that respect
Miami, FL 33197 neighborhoods, follow major geographic boundaries, and preserve genuine
Harold Ford communities of interest. They undo the racial gerrymandering that has violated
President Miamians' rights to equal protection of the laws, while also complying with the

crucial mandates of the Voting Rights Act.

Miami-Dade Branch
Plaintiffs’ Map 1 is our first-preference map. In Map 1:

P.O. Box 315

ee 1. District 1 unites all of Allapattah and Downtown, plus much of
Daniella Pierre Overtown, Omni, and areas between the Miami River and Dolphin
AEE Expressway. It is bordered on the south by the Miami River and Dolphin

Expressway; on the west by NW 27" Avenue and the city limits; on the north
by the city limits, SR 112, I-95, I-395, FEC Railway, and NE 21" Street; and
on the east by the bay.

2. District 2 unites all of Brickell, Coconut Grove, and Silver Bluff,
including Golden Pines. It is bordered by Coral Way, SW 17" Avenue, US 1,

PLAINTIFFS' TRIAL
EXHIBIT

P33 COM24066-048094

1:22-cv-24066-KMM



Case 1:22-cv-24066-KMM Document 172-5 Entered on FLSD Docket 02/02/2024 Page 2 of 6

1-95, the Miami River, the bay, and the city limits.

3. District 3 unites Shenandoah, the Roads, and much of Little Havana
east of 27" Avenue, including the heart of Calle Ocho. It is bordered on the
north by the Dolphin Expressway and Miami River; on the east by I-95; on the
south by US 1, SW 17" Avenue, and Coral Way; and on the west by 27"
Avenue.

4. District 4 sits compactly in the western end of the city, uniting all of
Flagami and the West Flagler area. It encompasses everything west of 27"
Avenue and north of Coral Way, including Coral Gate and Grapeland Heights.

5. District 5 is situated on the northern end of the city, uniting all the
neighborhoods north of the Julia Tuttle/SR 112, including Liberty City, Little
Haiti, and the Upper East Side. It also encompasses portions of Overtown north
of I-395, and part of Edgewater. Its southern border runs along SR 112, I-95, I-
395, the FEC Railway, and NE 21* Street.

Plaintiffs’ Map 2 is our second-preference map. In Map 2:

1. District 1 unites all of Allapattah, much of Little Havana, and part of
Downtown. It is bordered on the south by the Miami River and SW 4" Street;
on the west by 22TM Avenue, the Miami River, and the city limits; on the north
by the city limits and SR 112; and on the east by I-95, NW 8" Street, and the
Metrorail.

ENG AGE 2. District 2 includes everything on the bay side of US 1, I-95, the

MIAMI Metrorail, and the FEC Railway, from the southern city limits up to NE 23TM

a Street. It includes all of Coconut Grove, part of Brickell, and much of
Downtown and Omni.

3. District 3 unites Shenandoah, the Roads, Silver Bluff, and much of
Little Havana, including the heart of Calle Ocho, It is bordered on the north by
Callo Ocho, SW 22TM Avenue, SW 4" Street, and the Miami River; on the east
and south by the Metrorail, I-95, and US 1; and on the west by the city limits.

4. District 4 sits compactly in the western end of the city, uniting all of

Flagami and the West Flagler area. It encompasses everything north of Calle
N A ACP Ocho and west of 22" Avenue to the Miami River, including Grapeland
Heights.

5. District 5 is situated on the northern end of the city, uniting all the
neighborhoods north of the Julia Tuttle/SR 112, including Liberty City, Little
Haiti, and the Upper East Side. It also encompasses much of Overtown
including down to the historic Lyric Theater, and some of Edgewater. Its
southern border runs along SR 112, I-95, NW 8" Street, the FEC Railway, and
NE 23” Street.

The Voting Rights Act:

Consistent with the expert analysis credited by the Court, District 5 in
both maps will continue to provide Black voters with the ability to elect
preferred candidates, as the Voting Rights Act requires.

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In Map 1, District 5 is:

e 53% Black, 32% Hispanic, 12% non-Hispanic white, and 2% Asian,
American Indian, or Pacific Islander by Citizen Voting-Age
Population (CVAP) from the Census Bureau’s 2020 American
Community Survey.

e 52% Black, 28% Hispanic, 18% non-Hispanic white, and 2% Asian,
American Indian, or Pacific Islander by 2023 voter registration.'

In Map 2, District 5 is:

© 55% Black, 31% Hispanic, 11% non-Hispanic white, and 2% Asian,
American Indian, or Pacific Islander by CVAP.

© 53% Black, 28% Hispanic, 17% non-Hispanic white, and 2% Asian,
American Indian, or Pacific Islander by voter registration.”

We plan to provide you with further expert analysis regarding these
maps’ compliance with the Voting Rights Act in the coming weeks.

Other Legal Requirements:

These maps fully comply with all other requirements of law, including

ENG AGE the U.S. Constitution’s equal-population mandate. In fact, both these maps

MIAMI better comply with the “One Person, One Vote” requirement than the
Le unconstitutional 2022 map:

Plaintiffs’ Map 1
s 5 Percent | FDC-Miami
District | Population | Deviation Deviation | Population*
1 85,162 —3,005 3.4% 1,407
2 89,078 +911 +1.0% =
3 87,666 501 0.6% =
4 89,091 +924 +1.0% =
5 89,837 +1,670 +1.9% =
Citywide 440,834 4,675 5.3%

' These voter registration statistics exclude voters whose race is unknown, multi-race,
or “other.” These voters are 7% of District 5 in Map 1.

? Voters whose race is unknown, multi-race, or “other” are 7% of District 5 in Map 2.

* Consistent with recent caselaw in the Eleventh Circuit, we have excluded from the
redistricting count the 1,407 individuals the 2020 Census counted as incarcerated at the Federal
Detention Center in Downtown Miami. See Calvin v. Jefferson Cnty., 172 F. Supp. 3d 1292 (N.D.
Fla. 2016). Because these individuals come from across the county and region, because FDC-
Miami is a federal facility, and because nobody is registered to vote at FDC-Miami, they lack
the “representational nexus” with city commissioners required to include them in the
population count for City Commission redistricting. Id. at 1310.

Regardless of whether the FDC population is included or excluded, however,
Plaintiffs’ Maps 1 and 2 conform to equal-population requirements, and do so better than the
unconstitutional 2022 map.

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