MIAMI – In a 2-1 decision, the 11th Circuit Court of Appeals Friday granted the City of Miami’s motion for a stay. That means the Plaintiffs’ map won’t be used for the upcoming November election.
“The plaintiffs were dealt an unexpected setback,” said legal analyst David Weinstein.
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The city attorney’s office confirms the appellate court’s decision means the map the city commission approved in a 4-1 vote on June 14 will be used for the upcoming November election. Commissioner Sabina Covo’s office has previously confirmed she is the commissioner who did not vote for it.
In a statement released to Local 10 News on Friday evening, City Attorney Victoria Méndez said,
“The City is grateful for the careful consideration and attention given to this matter by the Eleventh Circuit Court of Appeals, particularly on an emergency basis. The City agrees with the reasoning of the Court’s order granting the stay, particularly because the district court order would have caused significant disruption and confusion to voters in the coming municipal elections in November. Justice was served today!”
“In entering its emergency stay, 2 of the 3 Court of Appeals judges did not decide that the District Court had ruled incorrectly on the merits of the case,” explained Weinstein, “What they found is that the ruling was issued too close to the elections and that the plaintiffs had waited too long to challenge the cities redistricting plan. For now, the next election will proceed under the City’s map. But the case itself is far from over. By the time of the next election, a version of the map closer to what the plaintiffs’ proposed may well be in place.”
Judges Elizabeth L. Branch and Robert J. Luck were in the majority. Judge Charles R. Wilson dissented.
“Carving out” a political candidate:
It also means Miguel Angel Gabela, District 1 Commissioner Alex Diaz de la Portilla’s challenger, will not be on the ballot for the District 1 race in November because his home of more than 20 years he said was surgically carved out of District 1 in the city’s June 14 map.
“We are going to challenge the disenfranchisement of his candidacy by this specific carve-out,” said Gabela’s attorney David Winker who added they are exploring all legal actions, “to ensure that he will be on the ballot in District 1.”
Carollo’s House
The city’s June 14th map has District 3 Commissioner Joe Carollo’s Grove house in the district he serves.
Read the court order below