Judge rejects bid to change Islip Town elections this year

A pending voting-rights lawsuit won't change Islip Town elections this year, after a federal judge denied a bid to overhaul the electoral system by Election Day.

U.S. District Court Judge Arthur Spatt on Tuesday rejected residents' preliminary-injunction request to change the upcoming town board elections from at-large, in which candidates are elected by a townwide majority, to using council districts before their lawsuit would go to trial.

The plaintiffs — four Latino Brentwood residents and two community groups — are suing Islip Town and the Suffolk Board of Elections over the electoral system, which they say denies Latinos equal representation in town hall and a government that responds to their needs. They are seeking to create at least one council district with a Latino majority.  

In an 81-page decision issued Tuesday, Spatt wrote that halting elections under the current structure “is not in the public’s interest” before a full trial is held,  especially when implementing a new voting plan would delay or disrupt elections.

“With election day less than six months away, any attempt to institute a new, comprehensive remedial plan would be reckless,” Spatt wrote.

The plaintiffs successfully argued some important points, such as that white bloc voting usually defeats the minority-preferred candidate, Spatt wrote. But they failed to prove others and show they have a substantial likelihood of winning the lawsuit, which is a key factor in the decision. 

"Islip has spent significant resources investing in predominantly Hispanic areas of the Town," Spatt wrote. "The Plaintiffs’ evidence falls far short of establishing that the Town is not responsive to the needs of the Hispanic community." 

Fred Brewington, an attorney for the plaintiffs, said they are disappointed with the decision because they had hoped to prevent another election under the current voting system, which he called racially discriminatory. But they were buoyed by parts of the decision, especially because it was issued before they had collected all the evidence they would need for a full trial.

“What it really means is we have a very good thumbnail sketch on what it’s going to take to put this case to rest,” Brewington said. “We’re going to take out the shovel and pickaxes and find out where the dead bodies are buried.”

Islip Town officials have disputed plaintiffs' allegations of discrimination and substandard services. Town Attorney John DiCioccio said the court's decision was "gratifying" after a 12-day hearing, and Supervisor Angie Carpenter said officials are committed to serving the needs of all residents. 

“Among other factors, the Court recognized the significant amount of resources that the Town has invested into the Hispanic areas of the community. The Court also concluded that the story of the Hispanic community in Islip is largely one of an American success story," Carpenter said in a statement Wednesday.

Carpenter is running for re-election this year. The positions for town clerk, receiver of taxes and two council members are also up for election. 

The timing of when the case could be ultimately decided is not clear. It took 12 years for a final decision to be rendered in a similar case in Hempstead. A trial has not yet been scheduled. 

By Rachelle Blidner

rachelle.blidner@newsday.com@rachelleblidner

Rachelle Blidner covers Suffolk County government, politics and breaking news.