Davidson v. City of Cranston

  • Filed: 02/19/2014
  • Status: Closed
  • Latest Update: Feb 19, 2014
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Summary

This is a federal lawsuit challenging the redistricting plan adopted by the City of Cranston in 2012 for its City Counciland School Committee. The lawsuit charges that the redistricting plan violates the one person, one vote principle of the U.S. Constitution by counting incarcerated people in their prison location as if they were all residents of Cranston. Because those incarcerated were counted as Cranston residents, three voters in the prison's district have as much voting power as four voters in every other city district. Case Update: In May 2016, a federal judge agreed with the ACLU and ordered the City of Cranston to redraw their voting lines within 30 days. In September 2016, a federal appeals court disagreed.

RELATED: The ACLU's Washington Legislative Office submitted comments to the Census Bureau on the 2020 Census Residence Rule supporting the counting of incarcerated people at their home address. The comments cite our lawsuit here in Rhode Island as well the ACLU's work in other states.

Attorney(s):
Lynette Labinger, Dale Ho
Pro Bono Firm:
Demos: Adam Lioz, Brenda Wright

News & Commentary

Sep 21, 2016

Statement in Response to Federal Appeals Court Decision In Cranston “Prison Gerrymandering” Case

The following statement was issued today by representatives of the ACLU of Rhode Island, Demos, the Prison Policy Initiative and the ACLU:

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May 24, 2016

Federal Judge Orders End to "Prison Gerrymandering" in Cranston School and City Council Districts

In a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

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Sep 08, 2014

Significant Victory in Fight to End Prison Gerrymandering: Cranston Lawsuit Will Move Forward

Cranston residents and the ACLU of Rhode Island won a significant victory today in their fight for equal voting power in City elections when Judge Lagueux of the U.S. District Court for the District of Rhode Island denied a motion to dismiss their one person, one vote lawsuit, allowing their case to move forward.

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Feb 19, 2014

Residents Sue City of Cranston over Redistricting Plan that Counts Incarcerated People as Residents

Local residents joined the ACLU of Rhode Island today to sue the City of Cranston, charging that the 2012 redistricting plan for the City Council and School Committee violates the one person, one vote principle of the U.S. Constitution by counting incarcerated people in their prison location as if they were all residents of Cranston. Because those incarcerated were counted as Cranston residents, three voters in the prison’s district have as much voting power as four voters in every other city district, according to Census Bureau data. Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber have joined the ACLU of Rhode Island as plaintiffs in the case. They are represented in federal court by Demos, the Prison Policy Initiative, and the ACLU. Plaintiff Davidson said today: “As a long-time resident and taxpayer of Cranston, I am deeply concerned that the City Council decided in 2012 to perpetuate this voting inequity, especially after the ACLU pointed out the constitutional problems with it. It is time for city officials to show some leadership and stop wasting taxpayers’ money defending themselves from legal challenges like this.”

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Learn More About the Issues in This Case

Voting Rights View All Issues

Related News & Podcasts

News & Commentary
Sep 21, 2016
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  • Voting Rights

Statement in Response to Federal Appeals Court Decision In Cranston “Prison Gerrymandering” Case

The following statement was issued today by representatives of the ACLU of Rhode Island, Demos, the Prison Policy Initiative and the ACLU:
News & Commentary
May 24, 2016
Placeholder image
  • Voting Rights

Federal Judge Orders End to "Prison Gerrymandering" in Cranston School and City Council Districts

In a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.
News & Commentary
Sep 08, 2014
Placeholder image
  • Voting Rights

Significant Victory in Fight to End Prison Gerrymandering: Cranston Lawsuit Will Move Forward

Cranston residents and the ACLU of Rhode Island won a significant victory today in their fight for equal voting power in City elections when Judge Lagueux of the U.S. District Court for the District of Rhode Island denied a motion to dismiss their one person, one vote lawsuit, allowing their case to move forward.
News & Commentary
Feb 19, 2014
Placeholder image
  • Voting Rights

Residents Sue City of Cranston over Redistricting Plan that Counts Incarcerated People as Residents

Local residents joined the ACLU of Rhode Island today to sue the City of Cranston, charging that the 2012 redistricting plan for the City Council and School Committee violates the one person, one vote principle of the U.S. Constitution by counting incarcerated people in their prison location as if they were all residents of Cranston. Because those incarcerated were counted as Cranston residents, three voters in the prison’s district have as much voting power as four voters in every other city district, according to Census Bureau data. Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber have joined the ACLU of Rhode Island as plaintiffs in the case. They are represented in federal court by Demos, the Prison Policy Initiative, and the ACLU. Plaintiff Davidson said today: “As a long-time resident and taxpayer of Cranston, I am deeply concerned that the City Council decided in 2012 to perpetuate this voting inequity, especially after the ACLU pointed out the constitutional problems with it. It is time for city officials to show some leadership and stop wasting taxpayers’ money defending themselves from legal challenges like this.”