Redistricting Lawsuit
Redistricting Lawsuit
Redistricting Lawsuit
Plaintiffs,
v.
INDEPENDENT CITIZENS
REDISTRICTING COMMISSION,
Defendant.
1|Page
VERIFIED COMPLAINT
NOW COMES, the above-named Plaintiffs (hereinafter "Plaintiffs"), by and through their
attorneys at Ayad Law, PLLC, and hereby make the following complaint:
INTRODUCTION
Commission").
2. After being created, the Commission has maintained that its mission and vision are:
Vision: To chart a positive course for elections based on fair maps for
Michigan today and for the future.
(See https://www.michigan.gov/micrc/0,10083,7-418-92033---,00.html,
last visited January 3, 2022, emphasis in original.)
3. This Supreme Court has already ruled that the Commission failed in its self-stated mission
of 'transparency' when on December 20, 2021, it ruled that the Commission had violated
Michigan's Open Meetings Act, and ordered the commission to make public the meetings
4. On December 28, 2021, the Commission officially approved its redistricting maps (or
"Plans") for the state of Michigan's Congressional, State Senate, and State House district
voter districts.
5. It is clear from the Commission's current proposed Plans that they will also be falling
woefully short of their vision: "To chart a positive course for elections based on fair maps
2|Page
6. Michigan Redistricting Commission was sold to the Michigan voter as a means of reducing
gerrymandering in the redistricting of Michigan's voter districts following the 2021 census.
7. The new Plans, with their new voting district maps, were backed by eight out of thirteen
8. Should the Plans be adopted, it would completely eliminate the two majority-minority
(Black) districts that currently run through Detroit. Instead, those districts would be
apportioned into eight new districts comprised of eight small sections of Detroit, each
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
10. Such redistricting would completely rob the Black minority of Southeastern Michigan, and
therefore the City of Detroit, of its ability to elect their chosen representatives into office.
11. This practice of splintering a majority-minority voter district is termed "dilution" and has
long been banned by federal law pursuant to the Voting Rights Act of 1965.
12. The Voting Rights Act of 1965 was the first federal legislation to outlaw intimidation and
other barriers to voting of African Americans and other racial minorities. Since that victory
of the Civil Rights Movement, Black Americans have had the highest voting rate of any
13. The Commission's redistricting is a blatant and obvious "retrogression" of the national and
Michigan Civil Rights Movement and sets-back the Black population of Michigan
1
https://www.census.gov/newsroom/blogs/random-samplings/2017/05/voting_in_america.html
3|Page
14. As the United States Supreme Court has stated:
15. Here, the destruction of Detroiters and Black voters ability to elect their preferred
THE PARTIES
16. Plaintiffs are all African-American, and residents of city of Detroit, MI, besides Plaintiff
a. State Representative Tenisha Yancey, State of MI, Detroit Caucus Chair, House
b. Former State Representative & Detroit Caucus Chair Sherry Gay-Dagnogo, M.Ed.,
d. Former State Rep. Teola P. Hunter, First Female Speaker Pro Tem, resident of
Michigan;
4|Page
e. Romulus City Council Member Virginia Williams, Vice Pro Tem, resident of
Michigan;
h. Dr. Carol Weaver, 14th Congressional District Executive Board Member, resident
of Michigan;
i. State Representative Tyrone Carter, District 6, Vice Chair Detroit Caucus, resident
of Michigan;
JURISDICTION
18. The Court has original subject-matter jurisdiction over this action under Article IV, Section
19. The Court also has subject-matter jurisdiction under Section 217(3) of the Revised
Judicature Act, MCL 600.217(3), and Michigan Court Rules 3.301(A)(1)(c) and (g) and
20. The Court has general personal jurisdiction over Plaintiffs under Section 701(3) of the
21. The Court has general personal jurisdiction over the Commission under Section 2051(4) of
FACTUAL BACKGROUND
5|Page
22. According to the U.S. Census Bureau, Black or African Americans living in Detroit
accounted for 79.1% of the total population, or approximately 532,425 people as of 2017
estimates.2
23. According to the 2000 U.S. Census, of all U.S. cities with 100,000 or more people, Detroit
24. Biden won the city of Detroit with 94% of the vote while Trump received 5%, according
25. Yet statewide in Michigan, Biden defeated Trump by merely 50.6% to 47.9% (voter
26. These numbers make undeniably clear that the Black population of Detroit, Michigan, is a
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
community of interest, which has its own preferred political candidates and which, when
districts are mapped fairly, has the power to elect the representatives of their choice.
28. Initially, the Independent Redistricting Commission stated that they would work to develop
fair, non-partisan leaning legislative and congressional districts. Secondly, and more
strongly, the Commission indicated they would respect and protect communities of interest.
29. From review of their draft plans, it is clear that the Commission has failed in both of these
regards.
2
https://www.census.gov/quickfacts/fact/table/detroitcitymichigan,mi/PST045217
3
Race and Ethnicity in the Tri-County Area: Selected Communities and School Districts; See also From a Child's
Perspective: Detroit Metropolitan Census 2000 Fact Sheets Series. Wayne State University. June 2002. Volume 2,
Issue 2. p. 1. Retrieved on November 10, 2013.
4
https://www.freep.com/story/news/politics/elections/2020/11/06/joe-biden-detroit-michigan-vote-election-
2020/6168971002/
6|Page
30. Two of the largest communities of interest in Michigan are the Black population and the
City of Detroit.
31. Although the Commission indicated they planned to protect communities of interest, they
32. Of those eight pieces, not one Senate District as a whole contained the City of Detroit, but
33. The redistricting plans of the Michigan Independent Redistricting Commission are
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
34. The reduction of majority-minority districts from the plans previously adopted in 2011 can
be plainly seen by the results of the redistricting on the representation of Black voters and
7|Page
Examples of Cracking: 2011-2021
Defendant’s plan has eight State Senate Districts occupying the City of Detroit
which dilutes the city’s voting power and potentially eliminates any State Senator
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
COUNT I
Violation of Mich Const 1963, art 4, §6(13)(a) and (c):
Dilution of Minority Voting Power
(13) The commission shall abide by the following criteria in proposing and
adopting each plan, in order of priority:
(a) Districts shall be of equal population as mandated by the United States
constitution, and shall comply with the voting rights act [of 1965] and other
federal laws.
52 USCA § 10301.
8|Page
43. In determining whether the Voting Rights Act statute has been violated, this Court follows
"the guidance of the United States Supreme Court, [as] stated in Thornburg v. Gingles, 478
U.S. 30, 43–46, 106 S.Ct. 2752, 2762–2764, 92 L.Ed.2d 25 (1986)…" In re Apportionment
of State Legislature-1992, 439 Mich 715, 735; 486 NW2d 639, 650 (1992).
44. In Thornburg v. Gingles, 478 U.S. 30, 43–46, 106 S.Ct. 2752, 2762–2764, 92 L.Ed.2d 25
(1986), Supreme Court of the United States has held that a successful Section 2 vote
dilution claim has two components. First, a plaintiff must satisfy three preconditions by
showing: (1) that the minority group is “sufficiently large and geographically compact to
constitute a majority in a single-member district”: (2) that the minority group is “politically
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
cohesive”: and (3) that bloc voting by other members of the electorate usually defeats the
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
not sufficient to establish liability. Second, “[i]f these three preconditions are met, the
district court must then examine a variety of other factors to determine whether, under the
totality of the circumstances, the challenged practice impairs the ability of the minority
voters to participate equally in the political process and to elect a representative of their
choice.” As stated in Gingles, 478 U.S. at 36-37, additional “objective factors” used in
of the Voting Rights Act include (but are not limited to) the extent to which the members
of the minority group bear the effects of discrimination in areas like education,
45. (1) The Black citizens of the City of Detroit are a minority group that is “sufficiently large
9|Page
46. (2) The Black citizens of the City of Detroit are “politically cohesive” as is shown by their
voting record where Detroit Black persons account for 79.1% of the total population of
Detroit.5 Biden won the city of Detroit with 94% of the vote while Trump received 5%. 6
Yet statewide in Michigan voter turnout was 71% and Biden defeated Trump by merely
50.6% to 47.9%, meaning that it was the Detroit Black community who, voting as a
cohesive group, won the Presidential election for President Joseph Biden in this State and,
47. (3) Bloc voting by other members of the electorate usually defeats the minority-preferred
candidates: Until the 1954 election of Charles Diggs in the old 15th District (13th today)
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
followed by the election of John Conyers 10 years later in 1964 in the old 1st District (14th
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
of their choice.
48. The Black citizens of the City of Detroit bear the effects of discrimination in the area of
education:
a. In the city of Detroit the majority of the residents in the suburb area are
predominantly White, while in the actual city majority of the residents are Black. 7
b. As of the mid-2000's, school funding per pupil in Wayne County (where Detroit is
located) was approximately $930.33, the lowest in the State. The second highest
was $1,239.47 per pupil, in Macomb County, almost 50% more than that of Wayne
County and far below the average for Southeastern Michigan of $1,807.17. 8
5
https://www.census.gov/quickfacts/fact/table/detroitcitymichigan,mi/PST045217
6
https://www.freep.com/story/news/politics/elections/2020/11/06/joe-biden-detroit-michigan-vote-election-
2020/6168971002/
7
Checkoway, Barry; Lipa, Todd; Vivyan, Erika; Zurvalec, Sue (2017). "Engaging Suburban Students in Dialogues
on Diversity in a Segregated Metropolitan Area". Education and Urban Society. Sage Journals. 49 (4): 388–402.
8
D., Rollandini, Mark. Michigan intermediate school districts: funding and resource allocation. p. 22.
10 | P a g e
c. Detroit public schools have high illiteracy rates and low academic performance
compared to cities across the United States, with Detroit "eighth graders scor[ing
d. According to the National Institute for Literacy, 47% (200,000) of adults in Detroit
are functionally illiterate, and half of the 200,000 adults do not have a high school
diploma or GED, showing that the lack of these skills learned in an academic setting
49. The Black citizens of the City of Detroit bear the effects of discrimination in the area of
employment:
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
County and those in neighboring counties such as Macomb and Oakland. In July
than the national unemployment average of even The Great Depression nearly a
century ago.11
b. As of 2016, Detroit's poverty rate was 35.7%, with a median household income of
50. The Black citizens of the City of Detroit bear the effects of discrimination in the area of
health:
9
Rosenbaum, Mark (2018-01-30), The Miseducation of America, Center for Political Studies (CPS).
10
Wileden, Lydia. 2020. “emplyment Dynamics in Detroit During the COVID-19 Pandemic.” Detroit Metro Area
Communities Study, University of Michigan. https:// detroitsurvey.umich.edu/wp-content/uploads/2020/08/
Unemployment-August-2020.pdf.
11
Rashawn Ray, Jane Fran Morgan, Lydia Wileden, Samantha Elizondo, and Destiny Wiley-Yancy; Examining and
Addressing COVID-19 Racial Disparities in Detroit; The Brookings Institution, p. 14.
12
Williams, Corey (14 September 2017). "Census Figures Show Drop in Detroit Poverty Rate". U.S. News.
11 | P a g e
a. Because of the legacies of underinvestment, redlining, jobs without benefits, poor
or nonexistent and culturally incompetent health care, Black residents are less likely
to be able to transcend the challenges presented by COVID-19 and are more likely
Id.
51. Therefore, according to the analysis handed down in Thornburg v. Gingles, 478 U.S. 30,
43–46, 106 S.Ct. 2752, 2762–2764, 92 L.Ed.2d 25 (1986), the redistricting Plans approved
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
by Defendant violate the Voting Rights Act of 1965 (52 USCA § 10301) by implementing
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
impermissible dilution of the Black vote in Michigan. As the Plans violate the Voting
Rights Act, they also violate the Michigan Constitution at article 4, §6(13)(a) and (c).
COUNT II
Violation of Mich Const 1963, art 4, §6(13)(a) and (c):
Prohibited Retrogression of Minority Voting Power
53. "§ 5 of the [Voting Rights] Act is not necessarily subject to a dilution challenge under § 2.
The sections differ in structure, purpose, and application; and in contrast to § 2 cases, a
measured against the existing practice to determine whether retrogression would result
from the proposed change." Holder v Hall, 512 U.S. 874, 875, 114 S.Ct. 2581, 2583.
13
Rashawn Ray, Jane Fran Morgan, Lydia Wileden, Samantha Elizondo, and Destiny Wiley-Yancy; Examining and
Addressing COVID-19 Racial Disparities in Detroit; The Brookings Institution, p. 1.
12 | P a g e
54. Under the new redistricting Congressional Plans the number of majority Black wards
would be reduced from two to zero; under the State Senate Plans, from five to zero; and
Detroit, and so violate Section 5 of the Voting Rights Act of 1965 (52 USCA § 10304(b,
COUNT III
Declaratory Action
57. The Court has the power to enter declaratory judgments. MCR 2.605(A)(1).
58. A case of actual controversy exists between these parties as Plaintiffs will imminently have
their rights under the Michigan Constitution, the United States Constitution, and federal
law (the Voting Rights Act of 1965) violated and be effectively completely
disenfranchised.
59. Guidance is needed by the Court to assist the parties in their conduct going forwards, so
that Plaintiffs and the entire Black population of Southeastern Detroit does not suffer the
and having their legal, political, and civil rights eroded in one fell swoop.
60. The case in controversy is within the jurisdiction of this Court as, were the rights at issue
violated, this Court would have original jurisdiction to hear causes of action arising out of
61. Specifically, Plaintiff requests a declaration from this Court that Defendant's proposed
Michigan's Congressional, State Senate, and State House district voter districts Plans are
13 | P a g e
unconstitutional and unlawful as they do not comport with the requirements of the Voting
Rights Act of 1965 and the Michigan Constitution of 1963, article 4, §6(13)(a)-(c).
The new voting district maps drawn by the Commission will thwart the Black Civil Rights
Movement that this nation is famous for; that this nation is proud of. Should this Court not stop
the Defendant from implementing their Plans, the Black voters of Michigan will be cast backwards
in time to the days before Civil Rights heroes like Martin Luther King, Jr. and Rosa Parks led the
fight for the representation that Detroiter's currently have. The community of interest that is the
Detroit Black community, will go from one that can unite to become powerful enough to win the
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
United States presidency for their chosen candidate to one that cannot even elect state congress
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
Under the Voting Rights Act of 1965, and therefore, the Michigan Constitution, it does not
matter what the intentions of Defendant's members were, only what the effects of their redistricting
will be. The effects are clear: By breaking the majority-Black City of Detroit into eight voter
districts from its previous two voter districts, it will dilute the vote of the Black community in
represented in this state and nationally. Defendant's Plan for the US Congressional districts, the
number of majority Black wards would be reduced from two to zero; under the State Senate Plans,
from five to zero; and under the State House Plans, from twelve to two. That is a total of 19
The Commission was supposedly created to assure that the Voter Rights Act of 1965 was
not violated. Unfortunately, that is exactly what is happening here. As the Voter Rights Act assures
that majority-minority districts are not to be diluted in newly redrawn districts so that minority
communities cannot elect their candidates of choice. This map falls far short of such mandates
14 | P a g e
under the Voter Rights Act and, if this Court does not act decisively to curb Defendant's ill-made
Plans, then Black Detroiters, and the Black community everywhere, will suffer an egregious and
despicable injury. As the late Martin Luther King, Jr. one said: "Injustice anywhere is a threat to
justice everywhere." This Honorable Court should act swiftly to save the State of Michigan from
the shame and embarrassment that will be associated with Defendant's redistricting Plans.
WHEREFORE, Plaintiff requests that this Honorable Court enter judgement in their favor
a) Declaring that Defendant's currently proposed redistricting plans violate the Michigan
Constitution of 1963, art 4, §6(13)(a) and (c) and the Voting Rights Act of 1965 by
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
impermissibly diluting the City of Detroit and majority Black votes of Detroiters;
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
b) Declaring that Defendant's currently proposed redistricting plans violate the Michigan
Constitution of 1963, art 4, §6(13)(a) and (c) and the Voting Rights Act of 1965 by
impermissibly retrogressing the voting power of the Black community in the City of
Detroit;
with the Michigan Constitution of 1963, art 4, §6(13)(a) and (c) and the Voting Rights
e) Any and all such other relief that this Court deems just and equitable including any
15 | P a g e
Respectfully submitted;
/s/Nabih H. Ayad
Nabih H. Ayad (P59518)
William D. Savage (P82146)
Attorneys for Plaintiff
645 Griswold St., Ste 2202
Detroit, MI 48226
P: 313.983.4600
F: 313.983.4665
Dated: January 3, 2022 [email protected]
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
16 | P a g e
VERIFICATION
I declare under the penalties of perjury that this Complaint has been examined by me and
that its contents are true to the best of my information, knowledge, and belief.
Signed: ____________________________
Plaintiff
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
17 | P a g e
CERTIFICATE OF SERVICE
I hereby certify that on this date I filed the foregoing paper and any attachments with the
Clerk of Courts for the Michigan Supreme Court using the MiFile electronic filing system.
Respectfully submitted;
/s/Nabih H. Ayad
Nabih H. Ayad (P59518)
William D. Savage (P82146)
Attorneys for Plaintiff
645 Griswold St., Ste 2202
Detroit, MI 48226
P: (313) 983-4600 | F: (313) 983-4665
AYAD LAW, P.L.L.C.
P: 313.983.4600
645 Griswold St., Ste. 2202
DETROIT, MICHIGAN 48226
F: 313.983.4665
Dated: January 3, 2022 [email protected]
18 | P a g e