Attorneys seek temporary restraining order against SLO County’s redistricting map

January 21, 2022

By KAREN VELIE

Attorneys for a group challenging San Luis Obispo County’s new redistricting map are seeking a temporary restraining order against the supervisors’ adoption of the Patten map.

SLO County Citizens for Good Government and three SLO County residents, registered Democrats, filed a lawsuit on Jan. 12 challenging the county’s selection of the Patten map, arguing it benefits the Republican Party at the expense of Democrats, in violation of state law. Generally, a suit challenging redistricting would have included an application for a temporary restraining order that would have resulted in a hearing within 15 days, which this lawsuit did not.

Filing for an exparte motion with Judge Hernaldo Baltodano allows the plaintiff’s attorneys to request a temporary restraining order without having to give more than 48 hours notice to the defendants, and potentially without a hearing in which both parties can argue their points. Exparte in Latin means without requiring the presence of the other party.

Even though the judge is allowed to rule on Feb. 1 on the exparte motion, following that decision he would need to set a hearing where both sides can present evidence and argue the issues within 15 days.

An exparte order could temporarily restrain the county from holding elections based on the new supervisorial district map, and potentially confuse candidates running or planning to run for office.

Local supervisorial candidates are currently conducting campaigns based on the Patten map. For example, Bruce Jones has filed his intention to run for the District 2 supervisor seat currently held by Supervisor Bruce Gibson. Before redistricting, Jones lived in District 1.

During the past several weeks, Gibson has held office hours in Atascadero while already campaigning at events in the North County city that has moved from District 5 to District 2.


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Jorge Estrada

I’m just curious as to who will pay the bill for this grievance, if tossed out of court, at a high rate of speed, at $500 per bounce? Jorge curioso.


guntrust

“arguing it benefits the Republican Party at the expense of Democrats”: that’s pretty weak, as any redistricting will obviously benefit one party or the other. Issue is whether it’s purposeful, and it would have to be an outcome determinative, driving purpose. Exactly the sort of drive exhibited by Dems who during the process kept pushing for partisan impact data. Dems aren’t interested in following the law, only in preserving the gerrymandering they imposed ten years ago.


kayaknut

I have to wonder if any of the pro-lawsuit people are the same ones complaining that govenors recall election was a waste of money, interesting that now their lawsuit is forcing the use of money to defend.


GreatGuy

The redistricting map approved by the board majority is obviously illegal and once again shows the board majority be anti-democratic and unprincipled.


Cindy

How is it illegal? Because Bruce Gibson says it is? Just watch, the lawsuit will fail and the money raised will be given to Bruce Gibson and Jimmy Paulding. This group of men, that use to include Adam Hill, are self serving and not concerned with what is best for the community.


GreatGuy

Read the lawsuit. It explains exactly why it’s illegal. It has been designed specifically to benefit Republicans at the expense of a fair democratic process. Unfortunately, the republican party has become the party of anti-democracy.


commonsenseguy

Well stated. Bruce Gibson and the late Adam Hill are, and were the most intolerant and self-serving ever on the B.O.S. Just follow their track records.


kevin rise

So is Peschongs lobbying firm Merridian Pacific.


commonsenseguy

Interesting? I don’t recall you opposing the redistricting maps when it favored the ones you support. Once again, the hypocrisy of the left shines bright in the darkness of their rhetoric. Talk about unprincipled. The left is the father of it.


commonsenseguy

This whole sham of a lawsuit is nothing but wicked and evil. You better be careful what you wish for in this suit. Kind of like Chuck Schumer trying to eliminate the “filibuster” now that it doesn’t fit their deceitful intensions. They sure were okay using like a roadblock the previous four years.


Many of these same clowns locally were okay with changing the district boundaries to favor them years ago. Selfish and shallow, while all along blatantly driven by the greed for power and control. G.F.Y.


AllAboutTheBenjamins

That goes for repubs and dems they are both full of it. Get rid of all incumbents, need campaign finance reform and term limits.