Trial ordered in Latino residents' voting rights lawsuit against Islip

A federal judge has ordered a September trial in a lawsuit brought by Latinos seeking to throw out an Islip Town voting system that they say discriminates against them.

U.S. Eastern District Judge Gary R. Brown in Central Islip rejected Islip's plan to hold a 2021 referendum to decide the fate of the at-large system, in which all town residents vote for town supervisor and four council members.

Plaintiffs, including four Brentwood residents and two advocacy groups, say that at-large elections violate the federal Voting Rights Act by preventing them from electing members of their community. They want the town to adopt a council district system. 

In a July 30 ruling, Brown said he was "not satisfied that the proposed referendum has a reasonable likelihood of efficiently resolving the dispute." Brown scheduled a conference for 11 a.m. Friday to discuss scheduling and other pretrial issues.

Hempstead attorney Frederick K. Brewington, who represents the plaintiffs, said the ruling was a victory for his clients.

”We saw it as a celebration," said Brewington, who successfully sued to overturn Hempstead Town's at-large voting system in 2000. "Voting rights is imperative, particularly in these days with the attack on the [federal] Voting Rights Act” and what he said were attempts nationwide to suppress minority voting. "It’s important that we not make this case wait, and I think the judge saw that.”

Islip Town spokeswoman Caroline Smith said in an email, "It’s the town’s policy not to comment on pending litigation."

The plaintiffs sued the town in June 2018, arguing that at-large voting prevents Latinos — who make up about 34% of Islip's population of 335,000 — from receiving adequate representation on the five-member town board. Islip has had only one elected person of color: former Town Clerk Joan Johnson, a Black woman who served from 1991 to 2007.

On Long Island, Hempstead, Brookhaven and North Hempstead use council districts; the other 10 towns, including Islip, have at-large systems. Brookhaven and North Hempstead adopted council districts in public referendums held in 2002 and 2003, respectively.

Islip's Latino population is mostly concentrated in northern hamlets such as Brentwood, Central Islip and North Babylon. Brentwood, where the population is 68.5% Latino and 16.4% Black, according to the 2010 U.S. census, has a median income of $69,457. Islip Town's median income is $87,066.

In court papers, the plaintiffs argued that lack of representation contributes to disparities in household income, crime, education and health care, and may be a factor in illegal dumping discovered in 2014 at Roberto Clemente Park in Brentwood.

“This town has spent millions of dollars to fight against the voting rights of its Latino citizens," Brewington said. “We feel that it’s a very strong case. We feel that we have been able, through our experts … [to show] how this community has been disadvantaged by not being able to vote for a candidate of their choice.”

Islip residents voted against a 2006 referendum to create council districts. Opponents then said they believed having only one board member to represent them instead of five, including the town supervisor, would lead to reduced services.

By Carl MacGowan

carl.macgowan@newsday.comCarlMacGowan

Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.