The NAACP, which helped win a decisive court battle 17 years ago that did away with the city's at-large elections, is now seeking to challenge the city's current system of electing an at-large mayor.
The civil rights group has asked a federal judge to force the city to seek the court's permission before continuing to elect its mayor as an at-large member of the City Council.
If the case is successful, Norfolk's next at-large mayoral election - two years away - could face substantial changes.
Norfolk's lawyers wrote in a court filing Friday that the NAACP "is simply out of bounds" in its claims. On Monday, the lawyers asked the court to schedule a hearing on its motion to dismiss the case.
In 1991, after losing an eight-year court battle, the city was forced to abolish its at-large City Council election system. Federal courts ruled, in a case known as Collins v. Norfolk, that the practice discriminated against minorities by diluting the black vote, thus violating the 1965 Voting Rights Act.
Before the Collins case, Norfolk's more affluent west side, backed by the city's powerful business community, dominated City Council elections. All seven council members were elected at large, and at one time, five of the seven council members lived in or near Larchmont.
As a result of the Collins suit, the city was broken into five wards and two superwards, creating a seven-member City Council. Between 1991 and 2005, the council chose the mayor from its seven members.
But in 2006, that changed. The council added to its membership an elected mayor, voted in at-large from the entire city. As a result, a 4-3 white majority on the council - the rest of whom are chosen from each of the seven wards - became a 5-3 majority.
In February, Norfolk residents Roy Perry-Bey and his daughter, Christina Perry-Bey, filed a federal lawsuit seeking to hold the city in contempt for violating the 1991 Collins ruling by creating the at-large mayor position. A federal judge dismissed the contempt charge, but allowed Christina Perry-Bey to file an amended action.
Then, earlier this month, the NAACP and its legal team from the Lawyers' Committee for Civil Rights Under Law, jumped in, asking the court to force the city to take the lead on the case.
"The city needs to go back and get court approval for what it did," said Jon M. Greenbaum, director of the Voting Rights Project for the lawyers' committee.
"You don't go to court for eight years and get a court order changing the election, and the day after the city can undo everything that has been done," he said.
U.S. District Judge Mark S. Davis, who was assigned the case, has not yet ruled on the NAACP's motion to intervene.
Norfolk city officials tried to downplay the legal action.
"We don't want this to be made any more incendiary than it is," said City Attorney Bernard Pishko. "We're hopeful that the court will not revisit its ruling, and that will be the end of it."
Mayor Paul Fraim, the city's first popularly elected mayor in nearly 100 years, said: "The people with the NAACP are doing what they think is in their best interest. This is not personal."
He was confident that the election of an at-large mayor would be upheld and insisted, even if the courts were to rule that Norfolk could go back to at-large elections for council members, "that would never happen. There is no sentiment to go back to at-large election" of council members.
Council member Anthony L. Burfoot, the vice mayor, said he is disturbed that the NAACP would seek to overturn the elected mayor, noting that in 2000, 82 percent of those voting in a referendum said they wanted an elected mayor.
"Back when the Collins lawsuit was filed, we needed a ward system," Burfoot said. "I understand why they would want to preserve that. But the elected mayor is something our citizens asked for. They want a mayor who would be accountable to them, who would be responsive to all parts of the community."
Greenbaum, of the lawyers' committee, said the city seemingly asked everyone's permission - from the voters to the Justice Department - except for the court that ruled in the Collins case.
"Why didn't they go to the judge?" he asked.
Council members Paul R. Riddick, one of three black council members along with Burfoot and Daun S. Hester, said he found the lawsuit intriguing.
"We were briefed on this when Perry-Bey first filed his lawsuit, and it was described as frivolous," he said. "I'd say it's more than frivolous now."
He added, "We probably should have asked the court's permission from the start."
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
Harry Minium, (757) 446-2371, harry.minium@pilotonline.com
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RE: typical hypocrisy
"Liberal groups always champion democracy until the electoral result isn’t what they want – they go running to the courts for relief."
Where do you get this stuff???
NAACP Don't come down here and tell us what to do!
I don't like the NAACP. I'd imagine there could be a lot of people moving to VB if they are succesful.
I have an idea
Why not put in an all black government in Norfolk and see what happens.
What's the worst that can happen?
They start to take money from programs and tax incentives that benefit the people that pay most of the tax dollars generated in the city and give it to the people that already take the most from our tax dollars. Businesses and the wealthier taxpayers get fed up, move to Virginia Beach AND take their tax dollars with them......turning Norfolk back into the declining armpit that it was 20 years ago!!!!
Sounds like a good plan to me.
typical hypocrisy
Liberal groups always champion democracy until the electoral result isn’t what they want – they go running to the courts for relief. Just look at the number of referenda overturned in California by activist judges.
why doesn 't the NAACP say what they really mean
that whites shouldn't be allowed to vote.
NAACP, racist?
They will not help me due to the color of my skin! This point cannot be argued in any way...............................
What a joke!
Let's put the ACLU on the Portsmouth side looking at their mayor, leave the NAACP on the Norfolk side, and let's put Jesse and Al on a ferry back and forth to referee this RACIAL stupidity.
I'd love to hear all the double-speak and contradictions on the left-wing news stations at 6. That would be funny as can be!
NAACP
Why doesn't the NAACP just keep their noses out of site? Maybe there should be an all white city counsel then their won't be any problems, no fueding. The mayor needs to be kicked out and a new mayor voted in, we don't need more race slurring and the NAACP just fuels the fire by backing up the blacks instead of calling them on what was said. Is the NAACP for white people, hispanics, Asians? Where's our mouth piece? This mayor has got to go, this is unacceptable.
Which is worse
Holly and Lucas or NAACP, is there any other place in America that has this type of action? I really want to know.
Electoral college
tj, it really doesn't matter if the electoral process of our elections is fair or unfair. The fact is, the electoral process is in the Constitution of the United States and therefore must be followed until amended. I seriously doubt that it will ever happen.
But I do understand your point. I does seem to take the will of the people out of the equation.
But I'll take our election process over the election process of Zimbabwe or Sudan any day of the week.
while your here
hey NAACP why dont you check out the mayor in portsmouth maybe he is what you want in office.
Bad news for norfolk
I don't like the NAACP. If they are succesful the future the City of Norfolk is in jeopardy. That is just the plain truth.
At large mayor Election
It is time that all of the citizens of Norfolk recognize racism and discrimination when they see it. The 'At-Large-Mayoral-Elections' following the diluting of the Black vote in the city of Norfolk has finally hit home. Why is that when Black people in the city who pay the same taxes, drink the same water, and use the same public accomadations, have to stifle their voice when an injustice is done. When the resegregation of the schools was allowed it was the same 'white voices' lashing out and that included Council Barclay Winn. I can expect no more from the Vice-Mayor becase he gets in line when his number is called. Mr. Burfoot has no backbone and will never have no backbone as long as his pockets are filled by the West side. But Mr. Perry-Bey needs applauding for effort even if he doesn't win in court. How could Mayor Fraim make the deciding vote profitable for the Black community, when he has never had a connection with the park Place community when it was in his ward?
NAACP
Why do people tolerate reverse racism? That is what they are about. They claim its about equality, well its not. What if we had white organizations like these? Then we would be racists. Wake up America
Presidential elections
Well, the NAACP should take their fight to the highest level and get rid of the "at-large" presidential elections while they are at it. They should look to the unfair electoral college as part of that process. I mean, come on, no one should be able to run for office. They should all be appointed by the NAACP!!
Maybe I'm wrong here, but isn't the Va beach Mayor elected the same way?
Racial Turmoil
This turmoil in the tidewater area will only stop when ALL colors and creeds agree to be judged based on the "content of their character". Only the lazy, weak, and uneducated will take the easy way out.
Just look at the leadership and department heads within the city governments in the tidewater area. The NAACP has no gripe.
If Perry-Bey had chosen education instead of criminal activity and jail, maybe he could be in a position to run for Mayor.
What me Worry?
Norfolk = Portsmouth East
NAACP has a person in mind
NAACP wants Paul Riddick as mayor because he's for the people..... I wish I could say that with a straight face.
Huh???
To asnerj,
What are you talking about??? "Bravo to the NAACP, then the system is prejudicial, and the system is funded by "cooperate" tax dollars"... That makes about as much sense as NAACP or ACLU does on good day. :-)
I think I need to amend my recent suggestion and put the ACLU on the Portsmouth side looking at their mayor, leave the NAACP on the Norfolk side, and let's put Jesse and Al on a ferry back and forth to referee this stupidity. I'd love to hear all the double-speak and contradictions.
That would be funny as can be!
huh?
So one person/one vote doesn't cut in Mayoral elections, huh? Can't wait to read about this one...
jmo
Bravo to the NAACP
This system is grossly outdated and prejudicial. The NAACP is not funded by Tax dollars but by cooperate donations.
NAACP challenges Norfolk's method of electing the mayor
Of course they do.
NAACP
Since you're here, come across the river and investigate Mayor Mouth.
Be educated before you comment
In an at-large election, a large field runs for a certain number of seats. For example, in elections for a City Council, if there are nine open spots then voters get nine choices. The top nine finishers win a spot on council. Only people in the corresponding district can vote so discrimination SHOULD be less likely. The answer to avoid discrimination is TO VOTE!!
i'm confused by the NAACP accusation
How is an At-Large', (All Norfolk citizens vote for their candidate), election unfair to anyone seeking the elected office? Anyone can run, and anyone can be the winner. In the past when all council members ran city wide for their seats, it was discovered trhat those candidates that usually won were heavily financed and supported by the big money from the west side of the city, anyone without that support was a long shot. Today any idiot can get elected so as long as they cater to the members of their Ward area, of which there are five small wards and then two 'super wards'. the ward system has devided this city, there is no real unity until now the campaign for the at-large Mayor.