MIAMI, Fla. – A three-judge federal panel in Miami has unanimously rejected the State of Florida’s attempt to dismiss a landmark lawsuit challenging the legality of congressional and state House districts in South and Southwest Florida. The suit, brought by Cubanos Pa’lante, Engage Miami, the American Civil Liberties Union (ACLU) Club at Florida International University (FIU), and four local residents, argues that the districts were racially gerrymandered in violation of the U.S. Constitution.
The plaintiffs are represented by the ACLU of Florida, O’Melveny & Myers, and Vasquez Attorneys at Law.
“This ruling moves us one step closer to maps that treat South Florida’s Latino community fairly,” said Genesis Falcon, former vice president of the ACLU Club at FIU and an individual plaintiff in the case. “We deserve better than racially gerrymandered districts that slice through communities and deny representation.”
Last night’s ruling allowed the case to proceed against eight of the ten districts that the plaintiffs challenged, rejecting the arguments for dismissal presented by the Florida House of Representatives and Secretary of State Cord Byrd, with the exception of two congressional districts. The case is before a three-judge panel of the U.S. District Court for the Southern District of Florida, comprising 11th Circuit Court of Appeals Judge Britt Grant and District Judges Rodolfo Ruiz and Jacqueline Becerra.
“From Miami Lakes to Homestead, from Little Havana to Immokalee, we stand shoulder-to-shoulder with our fellow community members and against the politicians who suppress our diverse voices,” said Mike Rivero, co-founder of Cubanos Pa’lante. “We are proud to continue this case to further Latino representation and fight racial gerrymandering.”
The lawsuit alleges that the Florida Legislature and Governor Ron DeSantis manipulated the boundaries of Congressional Districts 26, 27, and 28, as well as State House Districts 112, 113, 114, 115, 116, 118, and 119, by connecting disparate neighborhoods, dividing established communities, and creating non-compact shapes, all with a primarily racial objective. This racial gerrymandering, according to the lawsuit, undermines fair representation and cannot be justified by the Voting Rights Act or any other compelling governmental interest.
The plaintiffs argue that Florida lawmakers improperly treated Hispanic voters as a monolithic group, relying on reductive and stereotypical assumptions – such as assuming uniform voting behavior and political priorities – across diverse Latino communities with distinct cultural, linguistic, and socioeconomic identities. This approach, according to the lawsuit, violates the Fourteenth Amendment to the U.S. Constitution by denying Latino voters the nuanced and equitable representation they deserve.
“We are heartened that the court recognizes the serious harms that racial gerrymandering inflicts on South Florida’s communities,” said O’Melveny & Myers associate Gabrielle Jackson. “We look forward to continuing this case to ensure every eligible Florida voter can fully and freely participate in the democratic process.”
The court’s ruling in Cubanos Pa’lante v. Florida House of Representatives marks a pivotal step forward in the fight for fairer maps and underscores the fundamental right to equal representation. The court’s full opinion can be accessed here.
