Cambridge Files Suit Over Redistricting

The city of Cambridge filed suit against Massachusetts in the state’s highest court Monday, formalizing its charge that the recent redistricting of state representative seats violated state and federal law.

The redistricting, which Acting Governor Jane M. Swift signed into law on Nov. 8, broke up Cambridge’s traditionally minority-represented 28th district and put much of the city into districts concentrated in neighboring towns.

Cambridge’s case—brought before the Supreme Judicial Court (SJC)—charges that the redistricting violated the Voting Rights Act by separating the minority neighborhoods formerly in the 28th district. The suit also claims that the redistricting violated a state law which mandates that districting must keep “contiguous territory together.”

The entire Cambridge City Council is serving as the plaintiff in the case, with the exception of Councillor Timothy P. Toomey Jr., who said that joining the suit would be a “conflict of interest” for him, since he also serves as a state representative.

Former State Rep. Saundra Graham, who held the 28th district seat in the 1970s, also joined the suit.

“She proved that district as it was constituted could be won by a minority,” said Terrence F. Smith, the mayor’s chief of staff.

Cambridge Mayor Anthony D. Galluccio said the recent redistricting did not follow its purpose of reforming the state’s representative seats according to population.

“From what I’ve seen, [the redistricting] bears no relation to population,” Galluccio said.

The mayor also challenged the importance of protecting incumbents, which many consider a principle of redistricting.

“I don’t believe that most judges believe that incumbency should be the paramount concern in redistricting,” Galluccio said.

As part of Cambridge’s case, the city will have to create and propose a redistricting map to replace the one created by the Mass. legislature.

“It’s like putting a jigsaw puzzle together,” Smith said.

Because one of Cambridge’s claims is that the redistricting violated state law by separating contiguous neighborhoods in the city, the city would violate its own claim if its suggested map breaks up other cities and towns, Smith said.

According to SJC spokesperson Bruce E. Brock, Cambridge is the only city suing the state this year over redistricting.

“It could be heard by the court possibly as early as January,” Brock said, adding, “That would be up to the court to decide.”

The city is not yet sure if it will file a claim under federal court, Smith said. If Cambridge does decide to pursue a case in federal court, Graham’s involvement could be key, according to Martha A. Field ’66, Harvard Law School’s Langdell professor of law.

“I do think she could be crucial, and that in federal court she might be the only plaintiff with standing,” Field wrote in an e-mail.

—Staff writer Lauren R. Dorgan can be reached at dorgan@fas.harvard.edu.