Dallas Election Postponed by Federal Court

In a fight over minority representation, a federal appeals court Friday barred Dallas from holding elections in May, ordering instead that the mayoral and City Council election be held in November.

The ruling by the U.S. 5th Circuit Court of Appeals in New Orleans overturned a decision by U.S. District Judge Jerry Buchmeyer, who had ordered the city to hold elections on May 4 for 14 single-member districts, with a mayor elected citywide.

The city argued for elections in November under a so-called 10-4-1 plan, which was twice approved by voters. The plan would create 10 single member districts and four regional districts, with a mayor elected at large.

The three-judge panel previously had upheld the May election but agreed to reconsider its decision at the request of the city.

For two key plaintiffs in the case, Marvin Crenshaw and Roy Williams, Friday’s decision was not seen as a setback. Both men are black.

“We’re not surprised by the ruling of the 5th Circuit,” Crenshaw said. “Our attorney advised us that they would not rule in our favor.”

They have said they will take the case all of the way to the U.S. Supreme Court if necessary.

“We’re not down. We’ve stumbled, but we’re not down,” Crenshaw said.

Friday’s ruling did not uphold the 10-4-1 plan but said the election should be delayed to give the Justice Department time to review the plan. Under the federal Voting Rights Act, the department has to approve any changes in voting laws in several states.

The city’s fight to get the 10-4-1 plan before the Justice Department has been opposed by civil rights activists. The Southern Christian Leadership Conference announced this week that it will initiate an economic boycott of Dallas in retaliation for the city’s pushing the 10-4-1 plan.

City Councilman Glenn Box said Friday that the ruling was a victory for the legal system and for the people of Dallas.

“If I said it once, I said it 500 times that, if 10-4-1 gets its day in court, it will be found to be a fair and legal system,” he said.

City Councilman Al Libscomb, one of two blacks on the 11-member City Council, said: “I don’t think it will go that far. I think the Justice Department is going to do what is right to enhance minority participation.”

In its ruling, the appeals court panel said “good cause exists” to grant the city’s motion for reconsideration and to enter a stay of the scheduled election.