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    HISTORIA CH ICANA17 September 2013

    ----- Forwarded Message -----

    From: Fernando Florez

    Date: Tue, 17 Sep 2013 22:04:45 -0600

    Subject: Why Redistricting is Important to the Hispanic Community in Fort Worth

    IN MY OPINION...

    Why Redistr icting I s Important to the

    H ispanic Communi ty in Fort Worth

    By Fernando FlorezSeptember 1, 2013

    Special to Nuestra Voz de Tar rant County

    Source: Fort Worth Redistricting, URL:http://fortworthtexas.gov/redistricting/?id=99802

    Shortly after the end of World War II one of my friend's father returned home toFort Worth after his military service. A few days later he and a friend went to a

    restaurant downtown. They sat down at a table to order and soon a waiter came over

    mailto:[email protected]://fortworthtexas.gov/redistricting/?id=99802http://fortworthtexas.gov/redistricting/?id=99802http://fortworthtexas.gov/redistricting/?id=99802http://fortworthtexas.gov/redistricting/?id=99802mailto:[email protected]
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    and told them: "We don't serve Mexicans." With his great sense of humor, my friend's

    father replied to the waiter: "We weren't going to order one" and left the restaurant.

    Being discriminated against and disrespected in other ways was not uncommon for

    Hispanics in this and other parts of Texas and the Southwest. But in part because of

    the military contributions of Spanish, Mexican-Americans and Tejanos to the United

    States going as far back as the American Revolutionary War, which have not everbeen fully recognized to this day, injustices such as this one were catching the public's

    eye and the winds of change were already blowing slightly.

    In Los Angeles, California, the state with the highest Mexican-American

    population in the United States, school children were segregated in "Mexican

    Schools," which were of inferior quality. In Mendez v. Westminster, in 1947, the U.S.

    Supreme Court ruled that racially segregating children of Mexican and Latin descent

    in state operated public schools in Orange County and the state of California was

    unconstitutional. This ruling helped establish the foundation forBrown v. Board of

    Education, the landmark case which ended public school segregation throughout the

    U. S. in 1954.

    In many areas Mexican-Americans were kept off juries in cases which involved

    Mexican-American defendants. In 1954, here in Texas, Pete Hernandez, an

    agricultural worker, was indicted of murder by an all-non-Hispanic White jury in

    Jackson County. Hernandez' attorneys believed that unless members of other races

    were allowed on the jury-selecting committees a jury could not be impartial. A

    Mexican-American had not been on a jury for more than 25 years in Jackson County.

    Hernandez and his attorneys took the case to the U. S. Supreme Court which in

    Hernandez v. Texas Supreme Court declared that Mexican-Americans and other

    cultural groups' rights were equally protected by the 14th Amendment of the United

    States Constitution. This was a significant step forward; however, some organizations,

    businesses and homeowner associations still had official policies that excluded

    Mexican-Americans. Well into the 60s, for instance, a few signs with phrases such as

    "No Dogs or Mexicans" were still posted at a few small businesses and swimming

    pools in some parts of the Southwest. Disenfranchisement, manifested by lack of

    representation, was the cause of the discrimination and it affected Hispanics in all

    aspects of life.

    This was also an era of intense racial turmoil for Africian-Americans in the Deep

    South, which was given wide coverage by the national media. It was brought into

    focus by a march on Washington, D.C. for "Jobs and Progress." Despite the guarantee

    of "equal protection" promised by the 14th Amendment to the U. S. Constitution, a

    hundred years after the Emancipation Proclamation in 1863, African-Americans were

    still living in abject poverty, particularly in the Deep South, an area rife with Jim

    Crow laws.

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    It was on this occasion that Dr. Martin Luther King, standing in front of the

    Lincoln Memorial, delivered to 250,000 civil rights supporters and a national

    television audience his memorable "I have a Dream" speech on August 28, 1963.

    The large gathering and speech aroused the conscience of the nation and

    helped usher the Civil Rights Act the following year and the Voting Rights Act in1965. So what does all I've said have to do with redistricting? Everything.

    Redistricting is about protecting voting rights and thus increasing the chance of

    having more representation. Representation is about having a voice where policies are

    enacted and has a broad impact: It affects opportunity for a better education for

    children, jobs, housing, and about everything else.

    While I was growing up in South Texas, in the Rio Grande Valley, political

    power was almost exclusively held in the hands of non-Hispanics who advocated

    maintaining the status quo, with the vast majority of Hispanics as the underclass. Surethere were plenty of jobs--harvesting crops there in the valley itself and doing migrant

    work up north, following seasonal crops in several states, los trabajos-- without much

    of an opportunity of ever moving up to the middle class and a better life.

    It was not until toward the latter part of the 1970s that Hispanics were elected to

    the majority of the public offices. Today, because it sank so low, the Rio Grande

    Valley is an area in transformation--it's slowing rising.

    I came to work at General Dynamics here in Fort Worth as an electronics

    technician/ technical writer after my Army discharge in 1968. There has been somechange here since that time, but what is still prevalent is the same attitude that those

    with the political power in the Rio Grande Valley had when I was growing up:

    Maintain the status quo by keeping the same people or those of their ilk, who opposed

    sharing political power with Hispanics, in control. I never thought that was right then

    nor that it's right now--no matter how it's spinned, it's simply wrong to keep Hispanics

    or any other group from having their voice heard-- and it's the reason I am involved in

    redistricting.

    Redistricting involves drawing electoral districts' boundaries. Because of a long

    history of discrimination, especially in the South, Texas and the Southwest, and tocomply with the Voting Rights Act, boundaries must be drawn in a manner that will

    protect the voting rights of minorities. Here in Texas, there is redistricting of U. S.

    Congressional districts and of state Senate and House of Representative districts, by

    the legislature. (Briefly, in the North Texas area, the legislature has drawn districts

    that minimize the chances for Hispanics to be elected to office, by diluting the impact

    of their votes, and some lawsuits are pending.)

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    There is other information associated with redistricting that is significant: A

    recent U.S. Supreme Court ruling has gutted part of Section 5 of the Voting Rights

    Act (VRA) and as a result the Texas Voter I.D. law that was passed in the last session

    of the legislature (when there is no evidence that it was needed) will be implemented.

    The latter, an anti-minority voter suppression scheme, is being challenged in court by

    several Hispanic groups and the U.S. Justice Department.

    I am focusing my discussion on Fort Worth redistricting, which is what I've been

    involved in for nearly twenty-five years. I am briefly reviewing what we've done in

    regards to both Fort Worth City Council and Fort Worth Independent School District

    (FWISD) redistricting the last couple of years and what it looks like for the future as

    the battles continues.

    Fort Worth City Council redistricting: Fort Worth adopted an 8-1 single-member

    city council-mayor electoral system in 1977. Prior to that, in a typical election, the top

    nine vote getters--all of them usually lived in two of the most affluent areas of thecity--were elected. They in turn selected the mayor. At that time the population of Fort

    Worth was approximately half of what it was in the 2010 census count. The Hispanic

    population of Fort Worth was not very high then, but in the 2010 census the total

    population of the city was 742,765, with 34% of it Hispanic; the Anglo-White

    population was 42%, African-American 18% and other 6%. Between the last two

    census cycles, the only group that showed a percentage increase in population was

    Hispanics.

    Because Fort Worth prides itself as being a diverse city, we have been trying to

    convince the city council to change its electoral system to be more inclusive bydrawing more than one district in which a Hispanic has a chance of being elected.

    Sure, we know that the Hispanic population is somewhat scattered, and that it

    includes non-citizens in it, but if district lines are drawn properly it can be done. Two

    strong majority Hispanic functional districts can easily be created by converting to a

    10-1 electoral system and that was the focus of our redistricting effort early on, right

    after the 2010 census data came out. But it was an uphill battle from the start because

    the majority of city council members' main focus was to protect their self-interest,

    their turf, and the best way to do that was by keeping the same system in place. Any

    change to the electoral system would have to be first approved by the city council

    itself, or forced on them by collecting enough signatures on a petition, before it would

    go to the voters to decide the issue and amend the city's charter. Our petition drive

    campaign's rallying cry to force the city council to call an election was "Let the People

    Decide," but we couldn't muster enough public support. Very few people seem to care

    whether Hispanics have fair representation--except Hispanics.

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    After that, we redrew new maps for an 8-1 electoral plan, focusing on creating a

    second strong functional majority Hispanic district, in the city's south side (district 9).

    After some negotiation, some slight changes were made to the city's map, but not

    enough. Still left in the district were five precincts west of 8th Avenue; those precincts

    are 90% plus Anglo-White, Republican, (except Mistletoe Heights, Precinct 1076,

    which is more liberal and the vote is usually split between Democrats andRepublicans in major elections), much more affluent, with a higher educational level

    and household income (at the middle to upper middle class level), and with higher

    property values. By contrast those precincts east of 8th Avenue, such as South

    Hemphill Heights, Worth Heights, and Rosemont, are majority Hispanic in

    population; people there have a much lower educational level and household income

    and they vote for Democrats in major elections; the two areas have no "Communities

    of Interest." In other words, these two areas have nothing in common and should not

    be in the same council district. More affluent people, with more education and higher

    income, vote at higher rates, and in Fort Worth as a bloc for White-Anglo candidates,

    overwhelming minority candidates from the rest of the district. The precincts west of

    8th Avenue have won every competitive election in District 9 since Fort Worth went

    to single-member districts in 1977. This is not conjecture, but based on the research

    we've done. We fought hard for our plans (three of them were submitted for

    consideration), but, unfortunately, lost that battle. Over our objection, the city adopted

    their plan on July 24, 2012 and submitted it to the U.S. Department of Justice for

    preclearance under Section 5 of the Voting Rights Act.

    (In the city's plan, the total population in City Council District 9 was 91,140,

    with 57.72% of it Hispanic. The total Hispanic population percentage looks good on

    paper, but a clearer picture of City Council District 9 emerges after looking at the map

    more closely: The total estimated citizen population for the district using American

    Community Survey (ACS) data was 69,060; the estimated citizen population for non-

    Hispanics was 36,775. The total estimated Citizen Voting Age Population (CVAP) for

    the district was 46,540; the estimated non-Hispanic CVAP was 31,360 and the

    estimated Hispanic CVAP was 15,180. From this data, it can be seen that the Hispanic

    population is young and some of it is non-citizen. Approximately two thirds of its

    voting age population is non-Hispanic. Throw in the polarized, bloc voting west of 8th

    Avenue in the mix and it's no wonder that every contested election in the district has

    been won by an Anglo.)

    We objected to the city's plan with the Federal Justice Department, but without

    going into too much detail here, we knew our chances of prevailing were slim. On

    October 1, 2012, we and the city's attorney were notified that their plan was

    precleared.

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    So was putting up the fight we did worth it? Without a doubt, absolutely. First,

    Section 5 of the VRA is mainly about retrogression--not about a population that is

    increasing, such as Hispanics--and the maps we submitted show that if the city council

    had adopted one of them we would have created a second Hispanic district in the

    south side. That leads us to Section 2 of the VRA, which places much stricter

    standards for the city to meet, but the burden of proof is ours. (Again, I couldn'tpossibly cover all of that in this short space.) As I write this, lets just say that a lawsuit

    against the city is a strong possibility. Stay tuned.

    Fort Worth Independent School District (FWISD) redistricting: With respect to

    FWISD redistricting, we have also been fighting a tough and contentious battle for the

    same reason as city council redistricting: fair representation, commensurate to the

    Hispanic population. With an approximately 62% Hispanic student population in the

    district (the African-Americans student population was 23.28%, and Anglo-Whites

    nearly 12% out of approximately 82,000 students in the district during the last school

    year), we sought a third seat out of nine when the position of school board president

    elected-at-large was eliminated last year and an additional single-member district was

    created. Looking at the treatment of minority students historically here in Fort

    Worth, in other parts of the Texas, in the Deep South and in the Southwest and with

    the vast majority of school children in the district being Hispanic, what was so

    unreasonable about drawing an additional Hispanic majority district? We simply

    must have a stronger voice on the school board where policy affecting the future of

    our children is made. We are not racists as some of us have been called, but instead,

    we tried to right a wrong--having an unequal voice on the school board. After months

    of battling, a third Hispanic leaning district was created and a Hispanic was appointed

    to it; but neither District 8 nor District 9, the two Hispanics leaning districts which

    were newly redrawn were as strong as they should have been.

    The establishment fought us hard and helping them was our major daily

    newspaper, which unfairly took their side; we were badmouthed for "seeking more

    political power," as if that wasn't justified. With the increased xenophobia being

    directed against Hispanics everywhere we are seeing a higher level of polarized

    voting. That, and the nitpicking by one of the newspaper's writers and the editorial

    board over a period of time, and the money pumped into the race by the special

    interests against him, Juan Rangel, the incumbent, lost the runoff election by 23votes on June 15, 2013. In my opinion, in District 8 the threat of having to raise large

    sums of money to mount viable campaigns dissuaded two genuine Hispanic

    candidates from staying in the race for that seat.

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    The establishment is fighting us hard to keep Hispanics off the school board.

    Today, we have essentially one Hispanic on the FWISD Board of Education. But the

    last chapter in this saga has not been written yet. Again, stay tuned.

    Fernando Florez has been a community leader in Fort Worth for nearly twenty-five years, having

    served in numerous capacities at the grassroots level and on city government boards. He has atechnical background in telecommunications, as a human resources manager and as an educator.

    He holds BBA and MBA degrees from Texas Christian University. What he has written here is

    solely his opinion. He may be contacted [email protected] 817.239.0578.

    H istor ia Chicana

    Mexican American StudiesUniversity of North Texas

    Denton, Texas

    mailto:[email protected]:[email protected]:[email protected]:[email protected]