Federal judge sides with Cobb schools in redistricting suit

A federal judge has said a group of plaintiffs suing over redistricting of Cobb Board of Education seats doesn’t have a legal claim against the Cobb County School District.

Cobb school board redistricting town hall
Cobb Board of Education maps passed by the legislature were first recommended by the school board’s Republican majority.

That doesn’t end the lawsuit, filed on behalf of several plaintiffs by the Southern Poverty Law Center, the ACLU and other attorneys.

Judge Eleanor Ross also ruled against the Cobb Board of Elections and Registration, the defendant, to have the suit dismissed entirely.

Plaintiffs claimed that the Georgia legislature, which passed the new maps last year, violated the U.S. Voting Rights Act and used race as a guiding factor in redrawing the seven school board posts.

Those actions included Post 2 and 3 in South Cobb and Post 6, which had covered most of the Walton and Wheeler high school attendance zones, and which was moved out of East Cobb, and mostly into the Cumberland-Smyrna-Vinings area.

Among the claims made by the plaintiffs was that the Cobb Board of Education’s four-member white Republican majority “voted on racial lines and without substantive debate to hire—at great expense to the county—a consulting firm to draw a proposed map” and that the process “both the hiring of a third party to draw the redistricting maps and the Board’s decision to forego bids from multiple firms— strayed from the Board’s past practices.”

That map was adopted by the legislature and was signed into law by Gov. Brian Kemp and went into effect for the 2022 elections.

The lawsuit seeks to declare the drawing of posts 2, 3 and 6 unconstitutional based and to order the legislature to draw a new map.

But in a ruling issued Tuesday, Ross, of the U.S. District Court in Atlanta said that “the Court finds that the above allegations are insufficient to establish a ‘longstanding and widespread practice’ by the District of recommending a racially gerrymandered map for the Board of Education elections in Cobb County.”

Ross, an appointee of former President Barack Obama, issued the ruling nearly a month after a hearing in her courtroom.

You can read the ruling by clicking here.

The Cobb school district hired an outside law firm as it sought a judgment that it shouldn’t be held liable for a redistricting map approved by the state legislature.

In a release issued late Thursday afternoon, the Cobb school district said the following:

“The suit is an unfortunate extension of efforts by political activists and organizations to exert influence in Cobb County’s schools. . . .

“While the Court’s opinion frees the District and its Board members from baseless accusations of racial discrimination, the District continues to be concerned that Cobb County Board of Elections, a politically appointed body, chose not to join the District in asking Judge Ross to rule in its favor and conclude the lawsuit.”

The SPLC issued the following statement from Poy Winichakul, one of its attorneys for voting rights:

“Despite the district’s mischaracterizations of the court’s order and the case itself, we are pleased that the plaintiffs’ case against the Board of Elections is moving forward. Judge Ross declined to rule on any of the district’s arguments related to the map. What this means is that our case is proceeding exactly as plaintiffs originally pled it last summer and the district will no longer spend the county’s resources litigating the case, but instead will return to its important job of educating the students of Cobb County. We look forward to proving our case on the merits.”

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