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October 24, 1972

CITY OF PETERSBURG, VIRGINIA, municipal building, Petersburg, Virginia, Plaintiff,
UNITED STATES of America, and Richard G. Kleindienst, Attorney General of the United States, individually and in his official capacity, United States Department of Justice, Washington, D.C. 20530, Defendants, and Charles P. Royall et al., Defendant-Intervenors

Per Curiam


The City of Petersburg, like all political subdivisions of the Commonwealth of Virginia, is required to clear changes in its voting procedures in accordance with Section 5 of the Voting Rights Act of 1965 as amended, 79 Stat. 439; 42 U.S.C. ยง 1973c. *fn1" The Supreme Court has held that annexations and the changes resulting therefrom may be within the scope of that Section where they have a potential for diluting the votes of black citizens. Perkins v. Matthews, 400 U.S. 379, 91 S. Ct. 431, 27 L. Ed. 2d 476 (1971). Accordingly, the City seeks Section 5 clearance for an annexation which added a net of approximately 7,000 white persons to the City, increasing the white population by nearly half and eliminating a black population majority.

On December 21, 1971, the City submitted its annexation to the Attorney General for approval pursuant to the 60day provision of Section 5. On February 22, 1972, the Attorney General, acting through the Assistant Attorney General, Civil Rights Division, objected to the annexation in a letter to the attorneys for the City of Petersburg which stated that in view of the facts relating to Petersburg, particularly the use of at-large elections for City Councilmen, it was concluded that the reduction in the proportional voting strength of blacks by the addition of a large number of white residents, diluting the votes of black citizens, amounts to a discriminatory effect on voting under the Voting Rights Act. *fn2"

  In this suit, filed on March 17, 1972, the City, as plaintiff, prays for this court's declaratory judgment that the change in its election procedures resulting from the annexation to the City of parts of two adjacent counties while retaining the at-large method of electing City Councilmen, "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color." *fn3"

 On motion of the plaintiff City, the court on April 5, 1972, enjoined plaintiff and the Election Board of the City of Petersburg from conducting any election under Sections 2-1 and 2-3 of Chapter 259 of the Acts of Assembly of Virginia 1961, as amended, until further order of the court. Subsequently the court entered orders allowing Charles P. Royall, et al., and William Diamond, et al., leave to intervene. Trial was had on July 20 and 21, 1972. The evidence consists of several stipulations, various exhibits and testimony of witnesses presented both live and by deposition, and out of it most of the facts emerge practically undisputed.

 Petersburg is an independent city in Virginia covering an eight-square-mile area, whose 1970 population was 36,103. In 1971 the City completed steps which it had begun five years earlier to annex 14 square miles of land from adjacent Prince George and Dinwiddie Counties *fn4" containing 7,323 persons, thus increasing the total population of the new city (as annexed) to 43,426. Before the annexation there were 19,701 (55%) black people, and 16,402 (45%) white people living in the City. Nearly all of the newly acquired group of persons are white and the new city limits include a population of 19,947 (46%) blacks and 23,447 (54%) whites. This amounts to an almost complete reversal percentage-wise in racial makeup.

 Although the number of registered voters by race in the old City is not known, calculations based on 1970 census figures indicate that at that time blacks represented about 51% of the registered voters. The same calculations indicate that the annexed area will augment the number of white voters by about 4,800.

 The annexation, whose effective date was midnight, December 31, 1971, had been generally supported by the citizens of Petersburg, black and white alike, since the mid-1960's, as a necessary measure to allow the City of expand its tax base and its potential for growth and development. The contours of the annexation were designed to bring in the territory which it was economically feasible to serve, and whose population shared a community of interest with the old City. Joseph H. Owens and Hermanze Fauntleroy, both black, were members of the City Council when it unanimously adopted the annexation ordinance in 1966. In fact, Owens originally introduced the ordinance. Fauntleroy, currently the only black Councilman, testified at the trial that he had no objection to the annexation as such, and regarded it as a feasible step for the City's development.

 A map of the city and the surrounding areas is annexed. *fn5" From this exhibit and the testimony at trial we conclude that the annexation as carried out was fairly intended to accomplish a legitimate governmental purpose. The city limits were expanded into those areas which were most reasonably available and which were the most desirable for accomplishing the legitimate purposes of annexation. The annexation did not include other areas which would have required leaping over the Appomattox River and those lands devoted to Fort Lee (a U.S. Army camp), a state hospital and the adjoining city of Colonial Heights. Because of these barriers annexation beyond those areas was substantially less desirable and even if it had been extended into those areas along with the existing annexation, the racial balance would not have been altered materially over the present result. We thus find nothing in the annexation which indicated that it had a racial purpose.

  Petersburg is governed by a City Council of five members. *fn6" Each member is elected to a four-year term; elections are at staggered intervals of two years, so that three members are elected in each presidential election year and two members are elected in each off year. In each off-year election the Council chooses one of its own members as mayor and also appoints the city manager. All Council members are chosen in at-large elections which are non-partisan, without political party identification, and the candidate must receive a majority of the votes cast to win. Run-off elections are not infrequent. *fn7"

 As elsewhere in Virginia, there has been a long history of racial segregation and discrimination in the City of Petersburg. By various methods in the past blacks have been restricted in their ability to wield effective political influence in relation to their actual numerical strength by limitations on their voting and political participation which resulted from the operation of laws, customs, and official and individual behavior. Until recently, rigid patterns of segregation by law affected nearly every facet of life.

 Although state-imposed segregation has been abated, its long continuance in the past caused a dramatic polarization of the races in Petersburg with respect to voting and this result has not been obliterated. An informal white political structure *fn8" has wielded a controlling influence in city politics and runs only white candidates. *fn9" Blacks have not been included in activities such as the slating of "tickets" of candidates for Council elections by community-wide groups or organizations and community-wide efforts in support of issues and programs. In recent years a black political structure has also arisen, and they likewise have run only black candidates. They have not sought to compose "slates" with white candidates.

 The simple transformation of a potential black voting majority into a clear minority has no effect on relative racial voting strengths unless votes are cast along racial lines. Analysis of past election results clearly indicates that almost total bloc voting by race has been the well established pattern in Petersburg. In recent Council elections, in which both black and white candidates have participated, the vote in precincts which are racially identifiable as being almost completely black or white has been overwhelmingly along racial lines. This is clear from the following charts which reflect the results of the last four councilmanic elections. n10 n10 Returns of the 1971 House of Delegates election do not indicate otherwise. The black candidate in that election was duly nominated, but her name did not appear on the official printed ballot, and she ran unsuccessfully as a write-in candidate. Under these circumstances, while the results might have some tendency to indicate bloc-voting, the evidence does not support such a conclusion because the result may have been caused by the absence of her name on the printed ballot, by her name not being well known uniformly throughout the city, or by the nature or extent of her campaign. Total Votes % of Votes Total Votes % of Votes Total Ward Cast for Black Cast for Black Cast for White Cast for White Votes No. Candidate(s) Candidates Candidates Candidates Cast CHART 1, 1964 CITY COUNCIL GENERAL ELECTION 3*(black) 339 82.3% 73 17.7% 412 6 " 356 81% 85 19% 441 7 (white) 110 2.7% 3,949 97.3% 4,059 8 " 14 3.2% 713 96.8% 727 CHART 2, 1966 CITY COUNCIL GENERAL ELECTION 3 (black) 811 93.8% 53 6.2% 864 6 " 883 92.8% 69 7.2% 952 7 (white) 70 1.9% 3,663 98.1% 3,733 8 " 17 2.4% 682 97.6% 699 CHART 3, 1968 CITY COUNCIL GENERAL ELECTION 3 (black) 725 96.9% 56 3.1% 1,781 6 " 951 96.7% 67 3.3% 2,018 7 (white) 191 2.1% 8,691 97.9% 8,782 8 " 16 .7% 2,179 99.3% 2,195 CHART 4, 1970 CITY COUNCIL GENERAL ELECTION 3 (black) 837 90.2% 91 9.8% 928 6 " 965 93.5% 67 6.5% 1,032 7 (white) 280 8.5% 3,021 91.5% 3,301 8 " 10 1.1% 860 98.9% 870


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