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Court grants Palmdale’s appeal to halt contempt proceedings in voting rights case

by The AV Times Staff • November 4, 2014

CourtPALMDALE –- The Court of Appeal of the State of California Second Appellate District Division Five on Monday granted an immediate stay to the recent court order requested by plaintiff’s attorneys R. Rex Parris and Kevin Shenkman to require a hearing on Nov. 21 to show cause regarding contempt by the Palmdale City Council in the ongoing California Voting Rights Case.

In his ruling, presiding Justice Paul Turner wrote, “Petitioners’ (City of Palmdale) immediate stay request is granted. The respondent court’s order dated Oct. 31, 2014 is stayed pending further order of the court. Plaintiffs’ opposition to the petition, if any, must be filed within 15 days of this order.”

“We are exceedingly pleased that the Court of Appeals granted this stay,” said Palmdale City Attorney Matthew Ditzhazy. “The City can now focus on the appeal process to ensure the rights of all its citizens to vote for all of their representatives.”

“Sadly, it is clearer now more than ever that Parris and Shenkman aren’t interested in the merits of the case and instead have turned it into a political sideshow,” Ditzhazy said. “Shenkman has even personally attacked councilmember Tom Lackey in his campaign for the state assembly.”

“Perhaps Shenkman and Parris don’t believe in due process of law and the rights of appeal for all citizens like Tom Lackey and the rest of our Council do,” Ditzhazy added.

The City of Palmdale has already appealed the December 23 Final Order by Judge Mark V. Mooney which permanently enjoined at-large elections, prematurely terminated the terms of the existing councilmembers, and ordered a district-based election on June 3, 2014.

“Our appeal put all that on hold until the Court of Appeals can rule on it, which meant there was no Palmdale election in June and the current Council would continue until the appeal was heard,” Ditzhazy explained.

The plaintiffs’ lawsuit argued that minority candidates were being kept off the Palmdale City Council because of an at large voting system. In Nov. 2013, Fred Thompson, a retired community college dean who formerly served on the Palmdale Planning Commission and Palmdale School District board, became the first African-American to win a City Council seat.

[Information via press release from the City of Palmdale.]

–

Previous related stories:

Palmdale to appeal in voting rights case

Palmdale continues to appeal voting rights court decision despite Supreme Court snub

Palmdale to continue fighting Voting Rights Act ruling

Thompson appointed to council vacancy

Lancaster compliant with Voting Rights Act, expert claims

Palmdale to residents: All elections are on!

Palmdale to appeal judge’s decision to cancel council election

Shenkman/Parris file injunction to halt Palmdale election

Filed Under: Palmdale, Politics

12 comments for "Court grants Palmdale’s appeal to halt contempt proceedings in voting rights case"

  1. Lei says

    November 7, 2014 at 9:38 am

    The city of Palmdale is afraid to change the election practices. They are afraid of losing. Lackey and Ledford were offered millions to stop this so we could start moving forward but they declined,stating it is not about the money. They should take those millions and create some jobs in place of the ones they voted to remove.

  2. AV Town Crier says

    November 5, 2014 at 12:35 pm

    R. Rex gives shyster’s a bad name. he is an insult to shysters. He should be disbarred and sent packing to Thousand Oakes where he can be neighbors with his Pal Frank V.

    • AV Truth says

      November 6, 2014 at 9:24 pm

      You hit the nail on the head AV Town Crier.

  3. Jason Zink says

    November 4, 2014 at 9:47 pm

    To bad City Leaders didn’t let voters voice their opinion to vote on “at-large” or “districts” today. What a waste of an election of getting opinions from the community at large to send a signal to the council and courts. Very sad lack of Leadership on their part!!!

    • Russ says

      November 5, 2014 at 10:20 am

      This was already on the ballot I personally cannot remember how long ago but what you are saying is we have to put this on the ballot every 10 years or so regardless of outcome because every city has demographic changes every 10 years?

      • Jason Zink says

        November 5, 2014 at 10:35 am

        When the city is looking at a lawsuit that will cost millions ($4,000,000) so far, they better get a feel of where the community stands. A advisory vote would of been simple. The city could of placed all the homeless in shelters and paid for a lot of Turkey Dinners with that kind of money. Common Sense.

        • Stinger says

          November 6, 2014 at 9:14 pm

          Tell that to Parris. His ego-driven actions have caused how many millions in lawsuits that the citizens of Lancaster have to pay for?

          • AV Truth says

            November 6, 2014 at 9:31 pm

            Exactly. His big ego and big mouth have generated a ton of lawsuits that cost us millions with more to come. Wait till the DOJ gets done with him. He was the one who declared war in Section 8. The least he could do is donate his earnings back to the Lancaster taxpayers instead of sending it to Pepperdine. Like they need the money. It won’t come close to covering what he cost us but it will help. That’s if he even wins. He ain’t won squat yet, and I hope he loses.

    • Palmdale Voter says

      November 5, 2014 at 11:49 am

      Sure it can be in the ballot. All it takes is more than a handful of people to make it happen. Problem is it’s only you, Rex, Darren Parker, Emmit Morrell, Ed Galindo, Xavier Flores and a few others who really want to vote that way. Most of them don’t even live in Palmdale. I would support at large districts but not wah at Rex is trying to impose on us. Maybe if he tries it in his town first I’ll change up my mind.

      • Jason Zink says

        November 5, 2014 at 11:28 pm

        Looks like “Beans” for Thanksgiving Dinner in Palmdale, Palmdale Voter. Mayor and Council got too caught up in catus curtain politics then looking at what’s best for the city and asking its citizens on the merits of disenfranchisement. Did they ever ask?

        Have you ever thought maybe Perris is the only attorney up here to take on this case. Because I dont know of any others??? Do you, name someone?

        • Clueless in Palmdale says

          November 6, 2014 at 8:12 am

          The more I read these blogs, the dumber I become.
          Uh, how long have you lived around hear, Jason? Do you know anything about Parris? Apparently not. Why do you think he took this case? Go read the transcripts. They are on a Facebook page called Get Parris Out of Lancaster along with a lot of other pieces of information that Parris doesn’t want you to know. Or are you hoping he’ll bankroll your next run for a city council seat? Better luck this time.

          • Jason Zink says

            November 7, 2014 at 12:11 am

            I was born here AV, Littlerock 1972. Family came here in 1900 and homestead a plot of land in Littlerock. I know AV politics very well. Sunvillage is a community north of Littlerock, it was the only place where African American’s could live . I am very knowledgeable and sensitive about people that are disenfranchised.

            And I will tell you that yes people do fell disenfranchised in Palmdale, Lancaster and in AV in many ways. And I believe district elections would give more opportunities for citizens in these big citys, there’s no question.

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