Allen et al v. The City of Evergreen, Alabama et al

Filing 52

ORDER denying Defendants' 48 Motion to alter or amend; and granting Plaintiffs' 50 cross-motion for supplemental order. The May 21, 2013 special election date for the City of Evergreen is reconfirmed and the election shall go forward on that date. Defendants are ENJOINED to give all assistance to the Special Master who shall ensure the requirements as set forth in order. It is further ORDERED that the parties shall not contact the Special Master, nor shall the Special Master contact any party or party representative without notice to and participation of both parties, unless both participation is specially waived. Signed by Judge Callie V. S. Granade on 4/24/2013. (Attachment: # 1 List of Eligible Voters) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAN ALLEN, BOBBY WATKINS
and ALBERTA LEE

)
)
)
Plaintiffs,
)
)
vs.
)
)
CITY OF EVERGREEN, ALABAMA;
)
PETE WOLFF, III, Mayor of the City of )
Evergreen, Alabama; LUTHER UPTON, )
DIANE SKIPPER, JOHN SKINNER,
)
JR., VIVIAN FOUNTAIN, and MAXINE )
HARRIS Council Members of the City
)
of Evergreen, Alabama; BECKY B.
)
ROBINSON, City Clerk for the City of
)
Evergreen, Alabama
)
)
Defendants.
)

CIV. NO. 13-107-CG-M

ORDER
This matter is before the court on Defendants’ motion to alter or amend (Doc.
48), Plaintiffs’ response and cross-motion for supplemental order (Doc. 50), and
Defendants’ reply (Doc. 51). After consideration of the above, Defendants’ motion to
alter or amend (Doc. 48) is hereby DENIED and Plaintiff’s cross-motion for
supplemental order (Doc. 50) is hereby GRANTED.
It is hereby ORDERED, ADJUDGED and DECREED that:
1.

The May 21, 2013 special election date for the City of Evergreen is hereby

reconfirmed and the election shall go forward on that date;

2.

Defendants are hereby ENJOINED to give all assistance to the Special

Master who shall ensure that:
(a) The list of eligible voters and their district assignments attached hereto
shall be published on the City of Evergreen website at the earliest possible
time, and no later than 24 hours after the date of this Order;
(b) The list of eligible voters and their district assignments attached hereto
shall be published in a newspaper of general circulation at the earliest
possible time;
(c) Each candidate for office shall be contacted by telephone or in person,
alerted to the availability of the voter list and provided with a copy of the list
attached hereto (unless the candidate declines such list) at the earliest
possible time, and no later than 48 hours after the date of this Order;
(d) Copies of the list of eligible voters and their district assignments as
attached hereto shall be made available to citizens of Evergreen at the city
hall, county courthouse and public libraries, and at any other locations
agreed to by the parties at the earliest possible time, and no later than 48
hours after the date of this Order;
(e) Announcements of the details as to the availability of such voter
assignment lists shall be made through on radio stations serving the City of
Evergreen at least three times daily according to a schedule determined by
the Special Master, in consultation with the parties, calculated to reach the
widest possible audience; such radio stations to include stations identified by

plaintiffs as targeted to the local black community; and such announcement
to begin within 48 hours after the date of this Order and to continue for one
week.
(f) Large (at least 30 inches square) maps of the district boundaries and
including street names shall be posted at each polling place, and all poll
officials shall be trained as to reading the maps and proper handling of any
voter who appears at the wrong polling place.
3.

It is further ORDERED that the parties shall not contact the Special

Master, nor shall the Special Master contact any party or party representative
without notice to and participation of both parties, unless such participation is
specially waived.
DONE and ORDERED this 24th day of April, 2013.

/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE