ACLU Lawsuit Against Dodge City

Case 6:22-cv-01274 Document 1 Filed 12/15/22 Page 1 of 29
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
MIGUEL COCA, ALEJANDRO Civil Action No.:

RANGEL-LOPEZ,
Plaintiffs, COMPLAINT FOR

DECLARATORY AND
v. INJUNCTIVE RELIEF
CITY OF DODGE CITY, a municipal

corporation, the DODGE CITY DESIGNATION PLACE OF TRIAL:
COMMISSION, E. KENT SMOLL, in his WICHITA, KANSAS
official capacity as Mayor of Dodge City,
MICHAEL BURNS, in his official capacity
as Vice-Mayor of Dodge City, RICK
SOWERS, in his official capacity as a
member of the Dodge City Commission,
CHUCK TAYLOR, in his official capacity
as a member of the Dodge City
Commission, and JOSEPH NUCI, in his
official capacity as a member of the Dodge
City Commission,
Defendants.
Come Now, Plaintiffs Miguel Coca and Alejandro Rangel-Lopez (together, “Plaintiffs”),
by and through their undersigned counsel, and hereby file this complaint against the City of
Dodge City (“Dodge City” or the “City”) as a municipal corporation; the Dodge City
Commission (the “Commission”); and E. Kent Smoll, Michael Burns, Rick Sowers, Chuck
Taylor, and Joseph Nuci (together, “Defendants Commissioners”), in their official capacities as
members of the Dodge City Commission (together with Dodge City and the Commission,
“Defendants”). Under 42 U.S.C. § 1983 and 52 U.S.C. § 10301, Plaintiffs allege as follows:
COMPLAINT FOR DECLARATORY

AND INJUNCTIVE RELIEF 1
I. INTRODUCTION
1. The at-large election system used by Dodge City to elect commissioners to the
Commission impermissibly denies Latine1 citizens in Dodge City an equal opportunity to
participate in the political process and to elect candidates of their choice.
2. The Commission plays a central role in the City’s government. The Commission
sets the tax rates, approves the City’s budget, appoints members to various boards and
commissions, enacts municipal ordinances, and appoints the City Manager.
3. Over the past twenty years, the Latine population in Dodge City has grown
significantly. As of the 2021 American Community Survey 5-Year Estimates (“ACS”), Dodge
City’s Hispanic or Latino population comprises 65 percent of the total population, 59 percent of
the Voting Age Population (“VAP”), and 46 percent of the Citizen Voting Age Population
(“CVAP”). The Latine population greatly increased around the turn of the 20th Century, when
many Latine individuals began migrating from Mexico to work on the Santa Fe Railroad. More
recently, the Latine community has continued to grow to support Dodge City’s meatp acking
plants—a dominant local industry. The Dodge City Latine community is vibrant and growing.
Latine residents purchase homes, go to church, and send their children to City schools in
increasingly large numbers.
4. Despite the significant size of the Latine population in Dodge City and their
extensive participation in the community, there are no Latine elected officials serving on the
Commission.
1
Unless otherwise indicated, this complaint uses the terms “Latine” and “Hispanic” interchangeably to refer
to individuals who self-identify as Latine or Hispanic. Latine is the gender neutral of Latino and Latina. When referring
to certain population data, the terms “Hispanic” or “Hispanic or Latino” mean non-white persons of “Hispanic” or
“Hispanic or Latino” origin as defined by the United States Census Bureau and U.S. Office of Management and Budget
(“OMB”).

5. No Latine candidates of choice have been elected to the Commission in at least
the past twenty-two years.2 There was a Latina commissioner who was appointed—not elected—
in 2021, but she failed to win election to the Commission in the following election cycle.3
6. Latine citizens in Dodge City vote cohesively to attempt to elect their preferred
candidates. However, due to the dilutive effect of the Commission’s at-large election system and
the related discriminatory factors set forth herein, Latine voters’ cohesive voting is insufficient to
overcome the non-Latine majority, who cohesively vote together for their preferred candidates
and consistently defeat Latine voters’ preferred choice.
7. Under the election system for the Dodge City Commission, some commissioners
serve two-year terms while others serve four-year terms, depending on the number of votes they
receive. This system of vote-dependent term lengths further decreases the opportunity for the
City’s Latine community to elect their candidates of choice.
8. The current at-large election system denies Latine citizens an equal opportunity to
have a voice in the future of their City. The combination of the at-large election system, racially
polarized bloc voting, and several other factors⎯including the lack of polling locations serving
the City’s Latine population, a history of voting-related discrimination, and severe
socioeconomic disparities between the non-Latine and Latine population in the City—has
prevented Latine-preferred candidates from winning any elections for Commissioner in at least
the past two decades.
2
It is likely that only two Latine candidates have ever been elected to the Dodge City Commission.
However, the lack of election results dating back past the 2000s limits the information available regarding Latine
candidates of choice.
3
See David Condos, Even in the most Hispanic cities in Kansas, getting elected as a Latina is an uphill
battle, H IGH PLAINS PUBLIC RADIO (Nov. 22, 2021), https://www.hppr.org/hppr-news/2021-11-22/even-in-the-most-
hispanic-cities-in-kansas-getting-elected-as-a-latina-is-an-uphill-battle.

9. Based on the totality of the circumstances, the inequality of voting opportunity for
the City’s Latine voters constitutes a violation of Section 2 of the Voting Rights Act, 52 U.S.C.
§ 10301, and of the Fourteenth and Fifteenth Amendments to the United States Constitution.
Absent relief from this Court, Defendants will continue to engage in the dilution of Plaintiffs’
right to vote by depriving them of an equal opportunity to elect their candidates of choice.
10. Plaintiffs seek to enjoin Defendants from administering, implementing, or
conducting any future elections for the Commission under the existing at-large method of
election, and to compel Defendants to implement a single-member district election system that
would provide Latine voters an opportunity to elect their candidates of choice to the
Commission.
II. JURISDICTION
11. Plaintiffs bring this action under 52 U.S.C. § 10301 and 42 U.S.C. §§ 1983, 1988
to redress the deprivation under color of state law of rights secured by the United States
Constitution and the Voting Rights Act.
12. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331, 1343(a)(3)
and (4), 1357, and 52 U.S.C. § 10301 et seq. to hear the claims for legal and equitable relief
arising under the United States Constitution and the Voting Rights Act.
13. Jurisdiction for Plaintiffs’ claim for costs and attorneys’ fees is based upon
Federal Rule of Civil Procedure 54, 42 U.S.C. § 1988, and 52 U.S.C. § 10310(e).
14. This Court has personal jurisdiction over all Defendants. Defendants E. Kent
Smoll, Michael Burns, Rick Sowers, Chuck Taylor, and Joseph Nuci are Dodge City
Commissioners who reside in and perform their official duties in Dodge City, Kansas. Defendant

Dodge City is a municipal corporation of Kansas, and Defendant Dodge City Commission is a
Kansas entity.
15. Plaintiffs’ action for declaratory and injunctive relief is authorized by 28 U.S.C.
§§ 2201 and 2202, as well as by Federal Rules of Civil Procedure 57 and 65.
16. Venue is proper in this Court under 28 U.S.C. § 1391(b)(2) because a substantial
part of the events or omissions giving rise to Plaintiffs’ claims occurred, and will occur, in this
judicial district.
III. PARTIES
17. Plaintiff Miguel Coca is Latino, a citizen of the United States, and over eighteen
years of age.
18. Plaintiff Coca is registered to vote in Dodge City, Kansas.
19. Plaintiff Coca has voted in Commission elections and plans to vote in future
elections.
20. Plaintiff Coca lives in the southern area of Dodge City, and within a majority
Latine area which could be drawn into a single-member Commission district that would give
Plaintiff Coca an opportunity to elect a candidate of his choice.
21. Due to the City’s use of an at-large method of election in violation of Section 2 of
the Voting Rights Act and the U.S. Constitution, as alleged in this complaint, Plaintiff Coca and
other Latine voters in Dodge City have had, and will continue to have, their voting power
diminished and diluted.
22. Plaintiff Alejandro Rangel-Lopez is Latino, a citizen of the United States, and
over eighteen years of age.
23. Plaintiff Rangel-Lopez is registered to vote in Dodge City, Kansas.

24. Plaintiff Rangel-Lopez has voted in Commission elections and plans to vote in
future elections.
25. Plaintiff Rangel-Lopez lives in the western area of Dodge City, and within a
majority Latine area which could be drawn into a single-member Commission district that would
give Plaintiff Rangel-Lopez an opportunity to elect a candidate of his choice.
26. Due to the City’s use of an at-large method of election in violation of Section 2 of
the Voting Rights Act and the U.S. Constitution as alleged in this complaint, Plaintiff Rangel-
Lopez and other Latine voters in Dodge City have had, and will continue to have, their voting
power diminished and diluted.
27. Defendant Dodge City is located in Ford County, Kansas, and is a political
subdivision within the meaning of, and subject to the requirements of, the Voting Rights Act of
1965, 52 U.S.C. §10301; see also Kan. Stat. Ann. § 12-101.
28. Defendant Dodge City Commission is the governing body of Dodge City. Kan.
Stat. Ann. § 12-104; Dodge City Mun. Code 1-201.
29. Defendants Commissioners are current members of the Dodge City Commission.
Defendants Commissioners are each sued in their official capacity only.
30. Defendants Commissioners and the Commission have the authority to change the
County’s electoral system to remedy violations of the United States Constitution and the Voting
Rights Act.
31. During all times mentioned in this complaint, Defendants and their agents were
acting under color of law: under color of the statutes, laws, charters, ordinances, rules,
regulations, customs, and usages of Dodge City and the State of Kansas.

IV. STATEMENT OF FACTS
A. Demographic Changes in Dodge City, Kansas
32. Dodge City is located in southwest Kansas and is within the state’s “Meatpacking
Triangle,” which refers to the grouping of counties and cities in southwest Kansas where many
meatpacking plants and companies are located.
33. Over the past two decades, Dodge City’s large Latine population has continued to
grow. By contrast, the City’s white, non-Latine population has shrunk.
34. According to the 2000 and 2020 Census, the total population of Dodge City
increased from 25,065 to 27,788 between 2000 and 2020. This general increase in population
largely resulted from the growth of the Hispanic or Latino population, while the white alone, not
Hispanic or Latino population declined during the same period.
35. According to the 2000 Census, the total Hispanic or Latino population was
10,614, comprising 42.3 percent of the City’s total population. According to the 2020 Census,
the total Hispanic or Latino population in the City had increased to 17,759, comprising 63.9
percent of the City’s total population.
36. According to the 2000 Census, the white alone, not Hispanic or Latino population
was 13,060, comprising 52.1 percent of the City’s total population. According to the 2020
Census, the total white alone, not Hispanic or Latino population in the City had decreased to
8,129, comprising only 29.3 percent of the City’s total population.
37. Accordingly, from 2000 to 2020, the Hispanic or Latino population in Dodge City
grew about 67.3 percent, while the white alone, not Hispanic or Latino population decreased by
37.8 percent.

38. The Census demographics for the Hispanic or Latino and the white, non-Latino
populations in Dodge City since 2000 are as follows:
Figure 1—Dodge City Total Population (2020, 2010, and 2000)
Year Hispanic or Percent of Total White Alone, Percent of Total

Latino Dodge City not Hispanic or Dodge City
Population Population Latino Population
Population
2000 10,614 42.3% 13,060 52.1%
2010 15,730 57.5% 10,173 37.2%
2020 17,759 63.9% 8,129 29.3%
Source: Social Explorer Tables (SE), Census (2000). U.S. Census Bureau and Social Explorer
U.S. Census Bureau (2010). PL94-717 Redistricting Data [https://data.census.gov/]
U.S. Census Bureau (2020). PL94-717 Redistricting Data [https://data.census.gov/]
https://data.census.gov/table?q=dodge+city+hispanic+or+latino&tid=DECENNIALPL2020.P2
https://data.census.gov/table?q=dodge+city+hispanic+or+latino&tid=DECENNIALPL2010.P2
39. The increase in the total Latine population in Dodge City is also reflected in the
increase between 2000 and 2021 in the Hispanic or Latino VAP by about 22 percentage points
and the Hispanic or Latino CVAP by about 27 percentage points.
40. In contrast, during the same period, there were decreases in the white alone, not
Hispanic or Latino VAP by about 23 percentage points and the white alone, not Hispanic or
Latino CVAP by about 28 percentage points.
41. According to the 2000 Census, the Hispanic or Latino VAP was 36.8 percent of
the City’s total voting age population, or 6,330 residents of voting age, while the white alone, not
Hispanic or Latino VAP was 57.8 percent, or 9,940 residents of voting age.
42. According to the 2021 ACS, the Hispanic or Latino VAP was 59 percent of the
City’s total voting age population, or 11,160 residents of voting age, while the white alone, not
Hispanic or Latino VAP was 34.8 percent, or 6,586 residents of voting age.

43. The VAP data for the Hispanic or Latino and the white alone, not Hispanic or
Latino residents in Dodge City since 2000 are as follows:
Figure 2—Dodge City VAP Estimates (2021, 2010, and 2000)

Latino VAP Dodge City not Hispanic or Dodge City
VAP Latino VAP VAP
2000 6,330 36.78% 9,940 57.76%
2010 8,623 47.59% 8,525 47.04%
2021 11,160 59.02% 6,586 34.83%
Source: Social Explorer Tables (SE), Citizen Voting Age Population Special Tabulation (Census 2000),
Social Explorer; U.S. Census Bureau.
ACS (2010-5 Year Estimates) Subject Tables [https://data.census.gov/]
https://data.census.gov/table?q=dodge+city+sex+by+age+by+citizenship&tid=ACSDT5Y2010.B05003H
https://data.census.gov/table?q=dodge+city+hispanic+or+latino&tid=ACSDT5Y2010.B05003I
https://data.census.gov/table?q=dodge+city+sex+by+age+by+citizenship&tid=ACSDT5Y2010.B05003
44. According to the 2000 Census, the Hispanic or Latino CVAP was about 19.5
percent of the City’s total citizen voting age population, or 2,560 citizens of voting age, while the
white alone, not Hispanic or Latino CVAP was 75.6 percent, or 9,905 citizens of voting age.
45. According to the 2021 ACS, the Hispanic or Latino CVAP was 46.1 percent of
the City’s total citizen voting age population, or 6,398 citizens of voting age, while the white
alone, not Hispanic or Latino CVAP was 47.2 percent, or 6,552 citizens of voting age.

46. The CVAP data for the Hispanic or Latino and the white, non-Latino residents in
Dodge City since 2000 are as follows:
Figure 3—Dodge City CVAP Estimates (2021, 2010, and 2000)

Latino CVAP Dodge City not Hispanic or Dodge City
CVAP Latino CVAP CVAP
2000 2,560 19.53% 9,905 75.58%
2010 3,938 30.15% 8,504 65.11%
2021 6,398 46.13% 6,552 47.24%
Source: Social Explorer Tables (SE), Citizen Voting Age Population Special Tabulation (Census 2000),
Social Explorer; U.S. Census Bureau.
47. Figure 4 is a heat map, depicting the geographic concentration of the total
Hispanic or Latino population in Dodge City by precinct, according to the 2020 Census.
Precincts with blue colors indicate a higher percentage of Hispanic or Latino residents. Precincts
with orange colors depict a lower percentage of Hispanic or Latino residents and are comprised
primarily of white alone, not Hispanic or Latino residents.

Figure 4—Hispanic or Latino Population in Dodge City by Precinct (2020)
Source: Social Explorer
B. Dodge City Commission At-Large Method of Election
48. The Dodge City Commission is comprised of five elected positions that are
elected using an at-large method of election.
49. Every election cycle, three seats on the Commission are up for election.
Commissioners serve either four or two-year terms based on the number of votes that the top
three finishers in an election receive. The lowest vote-getter serves a two-year term, while the
top two finishers serve four-year terms.
50. Elections for Dodge City are now held in November of odd-numbered years. See
Kan. Stat. Ann. § 25-21a01. Prior to 2021, elections were held during May of odd-numbered
years. It is well established in political science that off-cycle elections, or those held during odd-

numbered years, are generally correlated with lower voter turnout, especially in lower-income
communities and communities of color.
51. The elections for the Commission are non-partisan, and there are no primary
elections for the Commission.
52. The mayor and vice-mayor of Dodge City are selected by the commissioners at
the first meeting the Commission holds in January.
C. Dodge City Commission Election History
53. The at-large method of electing Dodge City commissioners impermissibly dilutes
the voting strength of the Latine community.
54. Since at least 2000, no Latine-preferred candidates have been elected to the
Commission.
55. In February 2021, Blanca Soto, a Latina, was appointed to the Commission after
Commission member and Mayor Joyse Warshaw resigned, but when Ms. Soto, the Latine
candidate of choice, later ran for election to the Commission, she was defeated.
56. The candidate that defeated Ms. Soto was not the Latine-preferred candidate.
57. Indeed, Latine-preferred candidates have consistently run for seats on the
Commission since 2000 but have not succeeded in being elected.
58. The lack of electoral success for Latine-preferred candidates in Dodge City
reflects a larger trend in Ford County. Currently, there are no Latine-preferred officials elected to
county-wide positions. 4
4
Plaintiffs are not aware of any Latine candidates of choice ever being elected to county-wide positions in
Ford County. However, the lack of election results dating back past the 2000s limits the information available
regarding this topic.

59. Latine voters in Dodge City are politically cohesive and vote together for their
candidates of choice.
60. White, non-Latine voters in Dodge City are also politically cohesive,
overwhelmingly prefer different candidates than Latine voters in Dodge City, and vote as a bloc.
This bloc voting repeatedly results in the defeat of Latine voters’ candidates of choice.
61. The following Latine-preferred candidates have unsuccessfully run for the Dodge
City Commission: Fernando Jurado in 2000, Jose Vargas in 2006, Liliana Zuniga in 2014 and
2017, and Blanca Soto in 2021. These candidates were top vote-getters in high Latine population
precincts, but lost in low Latine population precincts.
62. This split, in which candidates win a majority of the vote in high-density Latine
voting precincts but receive low support in high-density non-Latine precincts, is emblematic of
racially polarized voting.
63. The repeated losses of Latine-preferred candidates under the Commission’s at-
large method of election is due to racial polarization in elections in Dodge City and Ford County.
64. Additionally, Latine individuals in Dodge City and Ford County have been
subjected to suppressive election administrative practices, including the limiting of polling
locations by Ford County and the moving of the County’s single polling location during the 2018
election.
65. As explained infra, there has been a series of polling location closures by Ford
County, which has caused voters in Dodge City to have only two polling locations for over
13,000 registered voters, and before that, only one location for those voters from 2002 until

2018. The closure of polling locations, or increased distance to polling locations, is known in
social science research to depress voter turnout of communities of color.5
66. Further, in 2018, the Ford County Clerk, Debbie Cox, sent out incorrect polling
location information to voters in Dodge City, in violation of Kansas Law. See K.S.A. 25-
2701(d)(1); see also Rangel-Lopez v. Cox, 344 F. Supp. 3d 1285 (D. Kan. 2018). As a result,
voters in Dodge City received registration cards with erroneous information about their polling
location for the 2018 midterm election.
67. The polling location closures and Cox’s error disproportionately impacted Latine
voters in Dodge City, who rely on public transportation at higher rates than the City’s non-
Latine voters, see infra ¶¶ 93-103, and hindered Latine voters’ opportunity to participate equally
in the political process.
68. The existence of racially polarized voting, the use of an at-large election system,
and suppressive election administration procedures have resulted in the failure of Latine-
preferred candidates to be elected to the Dodge City Commission.
69. It is possible to draw a map of five single-member districts for the Dodge City
Commission that—while respecting traditional districting principles such as compactness,
contiguity, and preserving communities of interest—gives the Latine population an opportunity
to elect their candidates of choice in at least two such districts.
5
See, e.g., Enrico Cantoni, A Precinct Too Far: Turnout and Voter Costs, AMERICAN ECONOMIC JOURNAL:
APPLIED ECONOMICS 12(1), 61-85 (2020); Brennan Center for Justice, The Impact of Voter Suppression on
Communities of Color (Jan. 10, 2022), https://www.brennancenter.org/our-work/research-reports/impact-voter-
suppression-communities-color.

D. The Totality of the Circumstances Demonstrates That Latine Voters in Dodge City
Have Less Opportunity Than Others To Participate in the Political Process and
Elect Their Candidates of Choice
70. The totality of the circumstances demonstrates that Latine voters in Dodge City
have less opportunity than other members of the electorate to participate in the political process
and elect their candidates of choice. See 52 U.S.C. § 10301.
a. Continuing Socioeconomic Effects of Discrimination

71. Latine individuals in Dodge City have borne and continue to bear the effects of
discrimination in a wide range of areas, including employment, income, education, and access to
health care. Such discrimination hinders Latine voters’ ability to effectively participate in the
political process by increasing voting costs and limiting access, information, and opportunity .
72. Based on the 2021 ACS, in Dodge City 17.9 percent of Hispanic or Latino
residents are below the poverty level while only 6.9 percent of white alone, not Hispanic or
Latino residents are below the poverty level.
73. The following chart depicts the poverty rates for Hispanic or Latino and white
alone, not Hispanic or Latino residents since 2000:
Figure 5—Dodge City Percent Income Below Poverty Level (2000-2021)
White Alone, Not

Year Hispanic or Latino
Hispanic or Latino
2000 6.3% 21.7%
2010 11.2% 24.2%
2021 6.9% 17.9%
Source: U.S. Census Bureau (2000) [https://data.census.gov/];
ACS (2010-5 Year Estimates) Subject Tables [https://data.census.gov/];
74. Latine residents in Dodge City are less likely to be employed than white, non-
Latine residents.

75. Based on the 2021 ACS, in Dodge City 4.5 percent of Hispanic or Latino
residents are unemployed while only 2.8 percent of white alone, not Hispanic or Latino residents
are unemployed.
76. Figure 6 depicts the unemployment rates for Hispanic or Latino and white alone,
not Hispanic or Latino residents since 2000:
Figure 6—Dodge City Percent Unemployed (16 Years and Older) (2000-2021)
White Alone, Not

Year Hispanic or Latino
Hispanic or Latino
2000 3.0% 8.8%
2010 3.4% 5.0%
2021 2.8% 4.5%
Source: U.S. Census Bureau (2000) [https://data.census.gov/]
77. Latine residents in Dodge City are less likely to have health insurance than their
white, non-Latine counterparts.
78. Based on the 2020 ACS, 17.3 percent of Hispanic or Latino residents in Dodge
City are uninsured, while only 6.1 percent of white alone, not Hispanic or Latino residents are
uninsured.
79. Latine residents in Dodge City are less likely to own a home than white, non-
Latine residents.
80. Based on the 2021 ACS, in Dodge City 69.1 percent of white alone, not Hispanic
or Latino residents own (rather than rent) a home; while only 57.9 percent of Hispanic or Latino
residents own (rather than rent) a home.

81. The following chart depicts the home ownership rates among Hispanic or Latino
and white alone, not Hispanic or Latino residents who rent or own a home since 2000:
Figure 7—Dodge City Percent of Occupants Owning Homes (2000-2021)
Year White Alone, not Hispanic or Latino

Hispanic or Latino
2000 67.6% 44.9%
2010 69.6% 61.1%
2021 69.1% 57.9%
Source: U.S. Census Bureau (2000) [https://data.census.gov/]
82. Latine residents in Dodge City are less likely to graduate from high school than
the City’s white, non-Latine residents.
83. Despite there being more than double the number of Hispanic or Latino residents
in Dodge City than white alone, not Hispanic or Latino residents, more white alone, not Hispanic
or Latino residents graduate from high school than the City’s Hispanic or Latino residents. Based
on the 2021 ACS, 95.5 percent of white alone, not Hispanic or Latino residents (or 5,791
residents) graduated from high school, whereas only 55.8 percent of Hispanic or Latino residents
(or 4,931 residents) graduated from high school.
84. Despite there being more than double the number of Hispanic or Latino residents
in Dodge City than white alone, not Hispanic or Latino residents, Hispanic or Latino residents in
Dodge City are also less likely to obtain a college degree than the City’s white alone, not
Hispanic or Latino residents. Based on the 2021 ACS, 40.5 percent of white alone, not Hispanic
or Latino residents (or 2,454 residents) received their bachelor’s degree or higher compared to
only 5.8 percent of Hispanic or Latino residents (or 516 residents).

85. These educational disparities reflect the City’s historical socioeconomic
discrimination against Latine residents and correlate with decreased voting opportunities, as
further set forth in paragraph 90, infra. Social science consistently demonstrates that political
participation is highly correlated with educational achievement.
86. Early in the COVID-19 pandemic, in 2020, employees of the meatpacking plant
in Dodge City, many of whom are Latine, had to work in close quarters and unsanitary
conditions, disproportionately increasing their risk of contracting the COVID-19 virus.6
87. There continues to be a need for affordable housing in Dodge City, particularly
for Latine residents, who are more likely to be living in poverty and less likely to own a home.
The City’s housing assessment studies show that in the next five years, the City will lack nearly
1,600 homes for families in need. 7
88. Latine individuals in Dodge City have historically been less likely to have access
to stable housing, and more likely to utilize temporary housing. 8 For example, in the past,
meatpacking plant employees, many of whom are Latine, had to stay at hotels because of the
lack of available and affordable housing.9
6
Corinne Boyer, Despite Meatpacking Plants’ Efforts, Kansas Workers Say ‘We’re Right Next To Each
Other,’ NPR (May 4, 2020), https://www.kcur.org/news/2020-05-04/despite-meatpacking-plants-efforts-kansas-
workers-say-were-right-next-to-each-other.
7
Kaisha Batman, Dodge City: Making strides to build affordable housing as demands grow, KSN (Feb. 18,
2021), https://www.ksn.com/news/kansas/dodge-city-making-strides-to-build-affordable-housing-with-growing-
demands/.
8
JAMES G. GIMPEL, SEPARATE DESTINATIONS : M IGRATION, I MMIGRATION, AND THE POLITICS OF PLACES ,
121 (1999).
9
Jim McLean, Kansas Cattle Town Dodge City Bucks A Rural Trend With Growth Driven By Immigrants,
KCUR (Nov. 23, 2019), https://www.kcur.org/economy/2019-11-23/kansas-cattle-town-dodge-city-bucks-a-rural-
trend-with-growth-driven-by-immigrants.

89. The City has also historically been unresponsive to the Latine community’s needs,
including, but not limited to, the needs of recent or undocumented Latine immigrants.10
90. A large body of political science research has found that there is a wide array of
“voter costs,” any of which can make it disproportionately more difficult for particular
individuals or communities to vote. Voter costs include lower educational achievement, lower
income levels, higher poverty rates, lower health outcomes and/or access to health care, and
worse housing access. As described above, all of these voter costs disproportionately impact
Latine voters in Dodge City.
b. Dodge City’s Discriminatory Voting Practices and Procedures
91. The effects of historical and contemporaneous discrimination in Kansas, and in
Dodge City in particular, have translated into lower levels of political participation and
involvement. Latine individuals in Dodge City tend to have lower rates of voter turnout than the
City’s non-Latine, white residents.
92. The City has engaged in discriminatory voting practices and procedures that limit
the ability of Latine voters to engage in the political process.
93. In 2002, Dodge City closed all but one polling location, baselessly claiming that
compliance with the Americans with Disabilities Act required the City to move that single
polling location to a more rural part of Ford County.11
10
Santiago Khan, Dodge City Police Helped ICE in Raid Last Week, (Feb 13, 2017)
https://www.ksn.com/news/local/dodge-city-police-helped-ice-in-raid-last-week/.
11
Roxana Hegeman, Iconic Dodge City Moves Its Only Polling Place Outside of Town, ASS . PRESS (Oct. 8,
2018), https://apnews.com/article/78f02d14245043aab005046ef4063c10; see also The Leadership Conference Fund,
Democracy Diverted: Polling Place Closures and the Right to Vote (Sep. 2019),
http://civilrightsdocs.info/pdf/reports/Democracy-Diverted.pdf (finding an “alarming trend” and “widespread
practice” across the country of election officials “blaming polling location place closures” on the Americans with
Disabilities Act).

94. The polling place closures followed the 2000 election, in which Fernando Jurado
had narrowly lost being elected to a position on the Dodge City Commission. See supra ¶ 61.
95. During the 2000 election, there was a recount for the Dodge City Commission
election in which one of the three top vote getters was a Latine-preferred candidate. At first, Jim
Lembright (815 votes), Tom Martin (653 votes), and Fernando Jurado (576 votes) won; however,
candidate Bill Weber (575 votes) requested a recount. When election officials conducted the
recount, Jurado, the Latine-preferred candidate, lost by two votes.
96. After the 2002 closure of the City’s other polling locations, the single remaining
location (at the Civic Center) served over 13,000 voters in the Dodge City area, compared to the
state’s average of 1,200 voters per polling location.12
97. In 2018, City officials moved the City’s single polling location from the Civic
Center to the Expo Center. 13 The Expo Center is two miles outside of the Dodge City limits and
1.3 miles away from the nearest public transportation stop.
98. Latine individuals in Dodge City, who are more likely to be living in poverty than
other residents, more often rely on public transportation or group transportation compared to the
City’s white, non-Latine residents.14 As a result, the move of the polling location over a mile
away from a public transportation stop made it extremely difficult for many Latine residents to
vote.
12
Roxana Hegeman, Iconic Dodge City Moves Its Only Polling Place Outside of Town, ASS . PRESS (Oct. 8,
2018), https://apnews.com/article/78f02d14245043aab005046ef4063c10.
13
Id.
14
In 2016, Dodge City’s public transportation department estimated that 36 percent of the county had a
potential need for public transportation. See also Amelie Ramirez, Research: Latinos Face Big Public
Transportation Challenges, Salud America! (May 10, 2019), https://salud-america.org/research-latinos-face-big-
public-transportation-challenges/.

99. In 2018, the League of United Latin American Citizens and a Dodge City voter
sued Ford County for moving Dodge City’s sole polling place to the Expo Center.
100. The U.S. House of Representatives Committee on Oversight and Reform (the
“Committee”) examined the decision to move the lone polling site to a location less accessible
by public transportation and outside Dodge City limits, and found that it was moved “without
conducting due diligence, without consulting the local community, and without taking simple
steps to reduce the impact of the move on thousands of voters until after a public outcry forced
them to take action.” 15
101. The Committee found that Ford County Clerk Cox did not consult with
community groups or other residents about their concerns regarding the change in location of the
polling place, nor did she take steps to remedy the impact of the move.16
102. Ultimately, in 2018, the County was forced to open a second polling location to
serve all 13,000 residents of Dodge City.
103. Even with two polling locations, Dodge City is still far above the average across
the state of 1,200 voters per polling location. The small number of polling locations continues to
impose significant difficulties that disproportionately affect Dodge City’s Latine residents, as
described above.
104. Latine Kansans have also experienced discrimination in voting at the state level.
For example, in 2013, the Kansas legislature passed a law requiring individuals registering to
15
Memorandum to Members of the Committee on Oversight and Reform: Hearing on “Voter Suppression in
Minority Communities: Learning from the Past to Protect Our Future”, 116th Cong. 11-13 (Feb. 25, 2020).
16
Id.

vote at the Division of Motor Vehicles to provide documentary proof of citizenship, such as a
birth certificate or U.S. passport, in order to register to vote. See Kan. Stat. Ann. § 25-2309.
105. This new law led to the disenfranchisement of over 35,000 Kansan citizens in just
three years, including a large number of Latine Kansans.
106. Civil rights organizations secured a permanent injunction against the
discriminatory state law, on grounds that it violated the National Voter Registration Act, 52
U.S.C. §§ 20501-20511. Despite this clear violation of federal law, the State of Kansas—under
the leadership of then-Secretary of State and current Attorney General Elect Kris Kobach—
unsuccessfully attempted to defend the law all the way to the U.S. Supreme Court.
107. The above facts and other factors described herein demonstrate, based on the
totality of the circumstances, that Latine voters have less opportunity than other voters to
participate in the political process and elect their candidates of choice.
CAUSES OF ACTION
Count I
Section 2 of the Voting Rights Act of 1965, 52 U.S.C. § 10301; 42 U.S.C. § 1983
108. Plaintiffs incorporate by reference all the preceding paragraphs as if fully set forth
herein.
109. Section 2 of the Voting Rights Act, 52 U.S.C. § 10301(a), reads as follows:
(a) No voting qualification or prerequisite to voting or standard, practice, or procedure

shall be imposed or applied by any State or political subdivision in a manner which
results in a denial or abridgement of the right of any citizen of the United States to
vote on account of race or color, or in contravention of the guarantees set forth in
section 10303(f)(2) of this title, as provided in subsection (b).
(b) A violation of subsection (a) is established if, based on the totality of circumstances,
it is shown that the political processes leading to nomination or election in the State

or political subdivision are not equally open to participation by members of a class of

citizens protected by subsection (a) in that its members have less opportunity than
other members of the electorate to participate in the political process and to elect
representatives of their choice. The extent to which members of a protected class have
been elected to office in the State or political subdivision is one circumstance which
may be considered: Provided, That nothing in this section establishes a right to have
members of a protected class elected in numbers equal to their proportion in the
population.
110. A Section 2 violation may be based on an electoral regime that dilutes the voting
strength of a minority community so as to deprive the members of that community of their right to
an equal opportunity to elect representatives of their choice.
111. A claim for vote dilution under Section 2 requires that: (1) the minority group must
be sufficiently large and geographically compact to constitute a majority in a single-member
district; (2) the minority group must be politically cohesive; and (3) the majority must vote
sufficiently as a bloc to enable it usually to defeat the minority’s preferred candidate.
112. In addition to these necessary preconditions, Section 2 requires an assessment
whether, under the totality of the circumstances, members of the racial group have less opportunity
than other members of the electorate to participate in the political process and to elect
representatives of their choice. 52 U.S.C. § 10301(b). The Supreme Court has directed courts to
consider the non-exhaustive list of factors found in the Senate Report on the 1982 amendments to
the Voting Rights Act in determining whether, under the totality of the circumstances, the
challenged electoral device results in a violation of Section 2.
113. The Senate Factors include: (1) the history of official voting-related discrimination
in the state or political subdivision; (2) the extent to which voting in th e elections of the state or
political subdivision is racially polarized; (3) the extent to which the state or political subdivision
has used voting practices or procedures that tend to enhance the opportunity for discrimination

against the minority group; (4) the exclusion of members of the minority group from candidate
slating processes; (5) the extent to which members of the minority group bear the effects of
discrimination in areas such as education, employment, and health, which hinder their ability to
participate effectively in the political process; (6) the use of overt or subtle racial appeals in
political campaigns; and (7) the extent to which members of the minority group have been elected
to public office in the jurisdiction.
114. Courts also consider whether there is a lack of responsiveness on the part of elected
officials to the particularized needs of the minority community, and whether the policy underlying
the state or political subdivision’s use of the challenged standard, practice, or procedure is tenuous.
115. The at-large method of election for the Dodge City Commission results in a denial
or abridgement of Plaintiffs’ right to vote on account of their race, color, or ethnicity, by having
the effect of diluting the voting strength of the Latine community in Dodge City and Kansas. The
at-large method of election for the Dodge City Commission does not afford Plaintiffs an equal
opportunity to participate in the political process and to elect representatives of their choice , and
it denies Plaintiffs the right to vote in elections without distinction of race or color under 52
U.S.C. § 10301.
Count II
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution ,
42 U.S.C. § 1983
116. Plaintiffs incorporate by reference all the preceding paragraphs as if fully set forth
herein.

117. The Fourteenth Amendment to the United States Constitution prohibits intentional
racial discrimination. Discriminatory intent can be established by proof that d efendants used race
and national origin as a motivating factor in their decisions.
118. The at-large method of election used by Dodge City for the Dodge City
Commission discriminates against Plaintiffs on the basis of race and national origin in violation
of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
Count III
Fifteenth Amendment to the U.S. Constitution, 42 U.S.C. § 1983
119. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth
herein.
120. The Fifteenth Amendment to the United States Constitution prohibits intentional
racial discrimination. Discriminatory intent can be established by proof that defendants used race
as a motivating factor in their decisions.
121. The at-large method of election for Dodge City Commission discriminates against
Plaintiffs on the basis of race and national origin in violation of the Fifteenth Amendment to the
U.S. Constitution.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray that this Court:
a. Assume jurisdiction of this action;
b. Issue a declaratory judgment finding that the at-large method of election for the Dodge
City Commission illegally and unconstitutionally dilutes the voting strength of Latine
voters in Dodge City, violates Section 2 of the Voting Rights Act and the Fourteenth and
Fifteenth Amendments to the U.S. Constitution, and is unlawful, null, and void;

c. Permanently enjoin Defendants from calling, holding, supervising, or certifying any
elections for the Commission under the at-large method of election;
d. Issue an order requiring Dodge City to adopt a district-based method of election for the
Dodge City Commission and hold elections for the Dodge City Commission during even-
numbered years;
e. Set a reasonable deadline for Defendants to enact or adopt a redistricting plan for Dodge
City Commission that does not dilute, cancel out, or minimize the voting strength of
Latine voters;
f. If Defendants fail to enact or adopt a valid redistricting plan by the Court’s deadline,
order a new redistricting plan for Dodge City Commission that does not dilute, cancel out
or minimize the voting strength of Latine voters;
g. Adjudge all costs against Defendants, including reasonable attorneys’ fees and costs;
h. Retain jurisdiction to render any and all further orders that this Court may deem
appropriate;
i. Grant any other relief that the Court may deem just and proper, and as may be necessary
to afford Plaintiffs the full relief to which they are entitled under the United States
Constitution and the Voting Rights Act.
DESIGNATION PLACE OF TRIAL
122. Plaintiffs designate Wichita, Kansas as the place of trial for this action.

Dated this 15th day of December, 2022. Respectfully submitted,
By: /s/ Sharon Brett

Sharon Brett KS 28696
AMERICAN CIVIL LIBERTIES UNION
OF KANSAS
P.O. Box 917
Mission, KS 66201
[email protected]
913-490-4100
Chad W. Dunn*
Sonni Waknin*
Bernadette Reyes*
UCLA VOTING RIGHTS PROJECT
3250 Public Affairs Building
Los Angeles, CA 90065
[email protected]
[email protected]
[email protected]
310-400-6019
Jonathan Topaz*
Sophia Lin Lakin*
AMERICAN CIVIL LIBERTIES
UNION, INC.
125 Broad Street, 18th Floor
New York, NY 10004
[email protected]
[email protected]
212-549-2500
Abena Mainoo*
Jonathan I. Blackman*
JD Colavecchio*
Mijin Kang*
Elizabeth R. Baggott*
CLEARY GOTTLIEB STEEN &
HAMILTON LLP
One Liberty Plaza
New York, NY 10006
[email protected]
[email protected]
[email protected]

[email protected]
[email protected]
212-225-2000
Scott Fuqua*
FUQUA LAW & POLICY, P.C.
P.O. Box 32015
Santa Fe, NM 87594
[email protected]
505-982-0961
Attorneys for Plaintiffs
* Pro Hac Vice Motion Forthcoming

CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of December 2022, a true and correct copy of the
foregoing Plaintiffs’ Complaint for Declaratory and Injunctive Relief, submitted herewith, was
served via the United State District Court’s CM/ECF system on all parties or person s requiring
notice.
By: _____________/s/ Sharon Brett

Sharon Brett
KS 28696
AMERICAN CIVIL LIBERTIES
UNION OF KANSAS
P.O. Box 917
Mission, KS 66201
[email protected]
913-490-4100


ACLU Lawsuit Against Dodge City

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ACLU Lawsuit Against Dodge City

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Case 6:22-cv-01274 Document 1 Filed 12/15/22 Page 1 of 29

UNITED STATES DISTRICT COURT

MIGUEL COCA, ALEJANDRO Civil Action No.:

Plaintiffs, COMPLAINT FOR

CITY OF DODGE CITY, a municipal

COMPLAINT FOR DECLARATORY

Commission impermissibly denies Latine1 citizens in Dodge City an equal opportunity to

participate in the political process and to elect candidates of their choice.

commissions, enacts municipal ordinances, and appoints the City Manager.

increasingly large numbers.

COMPLAINT FOR DECLARATORY

5. No Latine candidates of choice have been elected to the Commission in at least

and consistently defeat Latine voters’ preferred choice.

City’s Latine community to elect their candidates of choice.

the City’s Latine population, a history of voting-related discrimination, and severe

the past two decades.

COMPLAINT FOR DECLARATORY

10. Plaintiffs seek to enjoin Defendants from administering, implementing, or

Constitution and the Voting Rights Act.

COMPLAINT FOR DECLARATORY

18. Plaintiff Coca is registered to vote in Dodge City, Kansas.

Plaintiff Coca an opportunity to elect a candidate of his choice.

diminished and diluted.

over eighteen years of age.

23. Plaintiff Rangel-Lopez is registered to vote in Dodge City, Kansas.

COMPLAINT FOR DECLARATORY

give Plaintiff Rangel-Lopez an opportunity to elect a candidate of his choice.

power diminished and diluted.

1965, 52 U.S.C. §10301; see also Kan. Stat. Ann. § 12-101.

Stat. Ann. § 12-104; Dodge City Mun. Code 1-201.

Defendants Commissioners are each sued in their official capacity only.

COMPLAINT FOR DECLARATORY

IV. STATEMENT OF FACTS

A. Demographic Changes in Dodge City, Kansas

meatpacking plants and companies are located.

grow. By contrast, the City’s white, non-Latine population has shrunk.

Hispanic or Latino population declined during the same period.

percent of the City’s total population.

8,129, comprising only 29.3 percent of the City’s total population.

COMPLAINT FOR DECLARATORY

populations in Dodge City since 2000 are as follows:

Figure 1—Dodge City Total Population (2020, 2010, and 2000)

Year Hispanic or Percent of Total White Alone, Percent of Total

and the Hispanic or Latino CVAP by about 27 percentage points.

Latino CVAP by about 28 percentage points.

COMPLAINT FOR DECLARATORY

Latino residents in Dodge City since 2000 are as follows:

Figure 2—Dodge City VAP Estimates (2021, 2010, and 2000)

Year Hispanic or Percent of Total White Alone, Percent of Total

COMPLAINT FOR DECLARATORY

Dodge City since 2000 are as follows:

Figure 3—Dodge City CVAP Estimates (2021, 2010, and 2000)

Year Hispanic or Percent of Total White Alone, Percent of Total

primarily of white alone, not Hispanic or Latino residents.

COMPLAINT FOR DECLARATORY

Figure 4—Hispanic or Latino Population in Dodge City by Precinct (2020)

Source: Social Explorer

B. Dodge City Commission At-Large Method of Election

elected using an at-large method of election.

top two finishers serve four-year terms.

COMPLAINT FOR DECLARATORY

communities and communities of color.

elections for the Commission.

the first meeting the Commission holds in January.