Cardona

Cardona v. OAKLAND UNIFIED SCHOOL DIST., CAL.

Good Law
785 F. Supp. 837·92 Daily Journal DAR 2847·1992 WL 36444·1992 U.S. Dist. LEXIS 2088
United States District Court, Northern District of CaliforniaFebruary 25, 1992C 91-4121 FMSCalifornia3,054 words

Opinion

Opinion

Smith, J.

ORDER DENYING PRELIMINARY INJUNCTION AND JUDGMENT OF DISMISSAL

INTRODUCTION

School Director Districts for the Oakland Unified School District, last redrawn in 1984, are scheduled to be redrawn next year on the basis of the 1990 census. City of Oakland Charter § 208. Elections for four of the seven School Director Districts, however, will take place this year using the current 1984 Districts. Plaintiffs claim that the current districts violate the one person one vote requirement. (Based on the 1990 census, there is an undisputed population variance of 17.8% between the most populated and the least populated School Director Districts.) Plaintiffs accordingly seek a preliminary injunction to compel redistricting this year in time for the June 2,1992 primary election. Alternatively, they seek an order postponing the election until November 1992 so that redistricting can be carried out in the interim.

For the reasons discussed below, Plaintiffs’ motion for a preliminary injunction is DENIED and this action is DISMISSED.

BACKGROUND

On July 17, 1989, the United States Department of Commerce stipulated that it would conduct a Post Enumeration Survey (“PES”) to evaluate the accuracy…

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