Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 1 of 9

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1 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al., Plaintiffs and EDDIE BERNICE JOHNSON, et al., CIVIL ACTION NO. 11-CV-360 OLG-JES-XR and TEXAS CONFERENCE OF NAACP (Lead Case) BRANCHES, et al., Plaintiff-Intervenors v. STATE OF TEXAS, et al., Defendants MEXICAN AMERICAN LEGISLATIVE CAUCUS, TEXAS HOUSE OF REPRESENTATIVES (MALC), Plaintiff and THE HONORABLE HENRY CUELLAR, CIVIL ACTION NO. 11-CV-361 Member of Congress, CD 28, OLG-JES-XR [Consolidated Case] and LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC), et al., Plaintiff-Intervenors v. STATE OF TEXAS, et al., Defendants

2 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 2 of 9 TEXAS LATINO REDISTRICTING TASK FORCE, et al., Plaintiffs v. CIVIL ACTION NO. 11-CV-490 OLG-JES-XR RICK PERRY, in his official capacity [Consolidated Case] as Governor of the State of Texas, Defendants MARGARITA QUESADA, et al., Plaintiffs v. CIVIL ACTION NO. 11-CV-592 OLG-JES-XR RICK PERRY, et al., [Consolidated Case] Defendants EDDIE RODRIGUEZ, et al., Plaintiffs v. CIVIL ACTION NO. 11-CV-635 OLG-JES-XR RICK PERRY, et al., [Consolidated Case] Defendants BRIEF AMICUS CURIAE OF THE SAN ANTONIO HISPANIC CHAMBER OF COMMERCE Pursuant to the Court s Order of February 10, 2012 (Docket No. 616), the San Antonio Hispanic Chamber of Commerce hereby submits to the Court their brief amicus curiae in support of C(226) and H(303) plans (collectively the Attorney General proposed Plans ). I. INTRODUCTION The San Antonio Hispanic Chamber of Commerce (the Hispanic Chamber ) was the first organization of its type in the United States, having been originally chartered as the Mexican 2

3 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 3 of 9 Chamber of Commerce in The Hispanic Chamber emerged during a social climate that posed many barriers. Minorities faced discrimination in business, just as in employment, education, voting, infrastructure, and access to capital and markets. These social issues necessitated that the Hispanic Chamber go beyond the traditional scope for chambers of commerce and into one of dual social and business advocacy. The Hispanic Chamber was guided by the fundamental belief in full participation in the American free enterprise system. Accordingly its role was broadened to include advocacy on behalf of small, minority- and woman-owned businesses. For instance, during the 74th Legislature in 1999, the Hispanic Chamber played a critical role in the passage of landmark legislation designed to strengthen and promote the state s procurement program, or Historically Underutilized Business (HUB) program, for minority- and woman-owned businesses. The Hispanic Chamber worked with legislators and other organizations to preserve and even strengthen the program and worked during the 75th and 76th (2001 & 2003) legislatures to oppose any bill detrimental to HUBs. In 2004, the Board of Directors refocused the Hispanic Chamber s mission to be the principle resource and advocate for the growth of Hispanic-owned businesses and the driving force in guiding San Antonio s emergence as a national leader of successful Hispanics in business. In addition, the organization created a 20-year vision to measure its success based upon the effectiveness of building a pipeline for Hispanic entrepreneurship. Since the adoption of its new mission statement, the Hispanic Chamber has seen unprecedented levels of growth, both in membership and attendance at special events, and is 1 In 1987, the Mexican Chamber was renamed the San Antonio Hispanic Chamber of Commerce. The name change was indicative of globalization emphasizing our relationship with all of Latin America and also the diversity of San Antonio Hispanic businesses. 3

4 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 4 of 9 currently comprised of more than 1,000 members. The annual Installation Banquet continues to establish itself as the premier event for San Antonio s business community, with recent attendance exceeding 1,600 people. In 2009, the Hispanic Chamber became the first Hispanic Chamber in the U.S. to be accredited by the U.S. Chamber of Commerce as a 4-Star Chamber. The Hispanic Chamber is committed, now more than ever, to the emergence of San Antonio as an economic engine for Texas and the nation. Latino growth in San Antonio and in Texas is crucial to this goal. It is essential that Latinos, as the emerging labor force and entrepreneurs of this State, receive the necessary education and skills, resources, and investments that will be instrumental to the economic growth of San Antonio and Texas. The political boundaries established by this Court will impact whether Latinos have a stronger voice in the halls of the Texas Capitol and our nation s Capitol. The Hispanic Chamber is committed to redistricting plans that reflect the growing demographics of Texas because it will ultimately lead to elected officials that are responsive to the needs of the entire community. II. SUMMARY AND DISCUSSION OF PROPOSED PLANS The San Antonio Hispanic Chamber of Commerce urges the Court to adopt Texas House, Senate and Congressional redistricting plans that comply with the Voting Rights Act, reflect the demographics of Texas, and avoid any appearance of intentional discrimination under the 14 th Amendment. The San Antonio Hispanic Chamber of Commerce supports the legal arguments presented by the Texas Latino Redistricting Task Force in support of additional Latino opportunity districts in the Texas House and Congressional plans. The State of Texas has not met its section 5 burdens under the Voting Rights Act. The D.C. Court in Texas v. United States denied Texas Motion for Summary Judgment in seeking preclearance. See, e.g., Memorandum Opinion, Texas v. United States, No. 1:11-cv-1303, Dkt. 4

5 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 5 of (D.D.C. Dec. 22, 2011). While the D.C. Court has not yet denied preclearance, it is clear that the Court cannot move forward with the State enacted plans for Texas House or Congress under the guidance provided by the U.S. Supreme Court. Perry v. Perez, Slip., 565 U.S., at*6 (2012) [Dkt. 575 at 8]. Congressional Plan The State s enacted plan for Congress did not create any additional Latino opportunity districts. Texas gained four Congressional districts due to its population growth. Latinos represented 65 percent of all new growth in Texas since In the benchmark plan, C100, there are seven Latino opportunity congressional districts. Perez Trial Tr. at 512:24-513:6. These districts include CD 16 in El Paso County, CD 23 in West Texas, CD 28 in South Texas including Webb County, CD 20 in Bexar County, CD 15 also in South Texas including most of Hidalgo County, CD 27 from Cameron County to Nueces County, and CD 29 in Harris County. Ex. E-17, at p. 4 [Dkt , at p. 5]. In the State enacted plan, CD 23 no longer offers Latinos an opportunity to elect a candidate of choice. Perez Trial Tr. at 485:20-486:8; 424: The State s enacted plan violates section 2 in the transformation of CD 23 into a district in which Latinos can no longer elect a candidate of choice. See LULAC v. Perry, 548 U.S. 399 (2006) (finding that the State of Texas made changes to CD 23 to prevent Latino voters, whom the State believed would vote out the non-latino preferred incumbent, from electing their candidate of choice). The State enacted plan does create an additional Latino opportunity district that reflects the tremendous growth along the I-35 corridor in CD 35. DDC Trial Tr. Jan. 18 AM at 102:5-11. Dismantling an existing opportunity district while creating another one does not remedy the section 2 legal violations and does not reflect the Latino growth statewide. LULAC v. Perry, 548 U.S. at 437. It is possible and valid to draw a total of seven opportunity districts in South and 5

6 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 6 of 9 West Texas and ultimately it is legally required under section 2 of the Voting Rights Act. See plan C222 by the Texas Latino Redistricting Task Force. Congressional Plan 226 reflects the tremendous Latino demographic growth in Texas while adhering to the Supreme Court guidelines interposed in this case. In plan C226, there are nine Latino opportunity Congressional districts including CD 15, 16, 20, 23, 28, 33, 34, 29, and 35. Importantly, plan C226 restores CD 23 as a Latino opportunity district as it was following the U.S. Supreme Court remand in LULAC v. Perry, 548 U.S. 399 (2006). While CD 23 reflects the performance levels of the benchmark, CD 23 may need additional bolstering to ensure Latinos the ability to elect their candidate of choice in a district with high levels of racially polarized voting. The plan also reflects the growing Latino population in San Antonio along the I-35 corridor to Austin and affords Latino voters the opportunity to elect their candidate of choice in CD 35 that was drawn in the State enacted plan. From a San Antonio perspective the plan reflects San Antonio s role as the gateway from the border community to central Texas. CD 23 and CD 28 connect Bexar County to El Paso, West Texas and Laredo, Texas. It is not uncommon for border communities to view and utilize San Antonio as their connection to central Texas. In fact, the tourism council and the San Antonio Hispanic Chamber are reliant on the family and business connections to border communities such as El Paso and Laredo. San Antonio also has strong connections to Austin that are expressed in CD 21 and CD 35. CD 21 reflects an Anglo community in Alamo Heights in San Antonio that connects to Anglo communities in Austin. CD 35 reflects the mirror image of CD 21 that connects Latino communities in Downtown, South and West San Antonio with the heavily Latino communities in Southeast Austin. CD 20 represents the Latino growth of San Antonio with the emerging population growth along 1604 with the traditional Westside 6

7 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 7 of 9 neighborhoods. The Hispanic Chamber believes the additional Latino opportunity district emerging from San Antonio to Austin will reflect the business drivers in Texas. C226 best reflects the diversity of Texas and San Antonio while preserving the policy decisions of the State s enacted map. House District Plan (H303) The State s enacted redistricting plan for the Texas House of Representatives reduces the number of ability to elect districts by two. The benchmark plan, H100, has 33 districts in which Latinos can elect the candidate of their choice: State House Districts 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 51, 74, 75, 76, 77, 79, 80, 90, 103, 104, 116, 117, 118, 119, 123, 124, 125, 140, 143, 145, and 148. Pl. Ex. 201 [Dkt , at p. 1]. The State removed a Latino opportunity district in HD 33 from Nueces County and relocated it to North Texas, where it does not allow Latinos the ability to elect their candidate of choice. Perez Trial Tr. at 461: The State also weakened Latino opportunity in HD 117 in Bexar County. Pl. Ex. 201; Engstrom Supp. Report, Ex. E-7, pp The State did not offset the loss of these two districts with additional opportunities in other parts of Texas, DDC Trial Tr. Jan. 17 PM at 35:22-36:4, despite the testimony of Latino community leaders urging the State to do so during the 82nd Legislative Session. DDC Trial Tr. Jan. 17 AM at 108:22-109:1. House District Plan H303 reflects a fair balance between a map that honors the substantial growth in the Latino community and the policy choices of the Texas Legislature. H303 restores the two Latino opportunity districts in Nueces County in the creation of HD 30 and HD 34. H303 relocates a Latino opportunity district to Hidalgo and Cameron Counties to reflect Latino growth in those counties in HD 35. The plan creates an additional Latino opportunity district in Harris County in HD 144. Lastly, the plan creates an additional Latino 7

8 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 8 of 9 opportunity district in El Paso County by more fairly distributing Latino voting strength among the five House districts in El Paso by ensuring HD 78 remains above 50 percent Spanish Surname Registration. H303 however does not address the loss of an opportunity district in HD 117 in Bexar County. Ultimately, plan H303 increases Latino opportunity across the state to better reflect the Latino growth across the state. H303, as is the case with C226, best reflects the diversity of Texas and San Antonio while preserving the policy decisions of the State s enacted map. III. CONCLUSION For the foregoing reasons, the San Antonio Hispanic Chamber of Commerce respectfully requests that the Court consider the C226 and H303 Interim Plans for any relief that this Court may deem necessary on an interim or permanent basis. Furthermore, the San Antonio Hispanic Chambers supports a unified primary date as early as practically possible to avoid any further voter confusion. February 13, 2012 Respectfully submitted, PELAEZ PRADA, PLLC Building 4, Suite Dominon Drive San Antonio, Texas Telephone: (210) Telecopier: (210) By: MANUEL PELAEZ-PRADA State Bar No ATTORNEY FOR THE SAN ANTONIO HISPANIC CHAMBER OF COMMERCE 8

9 Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 9 of 9 CERTIFICATE OF SERVICE I certify that a copy of Amicus Curiae brief of the San Antonio Hispanic Chamber of Commerce was electronically filed on February 13, 2012 by way of the CM/ECF system, which will automatically serve a Notice of Electronic Filing on counsel for all parties to this litigation. MANUEL PELAEZ-PRADA 9