Judge orders temporary restraining order on redistricting

Jessica Ablamsky

A state Supreme Court judge Thursday blocked the Nassau County Legislature from moving ahead with a controversial Republican redistricting plan that would affect 44 percent of voters in the county and split Great Neck in time for the November elections.

Justice Steven Jaeger issued a temporary restraining order in response to a request from Democrats, who filed suit against the GOP on May 10, calling the plan arbitrary, capricious and unconstitutional. Both sides will return to court on May 26.

“We’re reviewing the decision,” said Nassau County Legislature Majority Leader Peter Schmitt (R-Massapequa).

Democrats were pleased by the decision, which they said makes new districts unlikely for the November election since the Nassau County Board of Elections needs to approve changes to election districts before the June 7 petitioning kickoff for electoral candidates.

“I am very encouraged by the judge’s determination that this needs to be looked at further before they can go ahead,” said Nassau County Legislator Judi Bosworth (D-Great Neck). “In my mind it confirms what we’ve been saying, that this has been done in a capricious and arbitrary way without the opportunity for people to comment.”

The final vote on the redistricting map had been scheduled for May 16.

Schmitt said he asked Nassau County Attorney John Ciampoli in mid-April what the county charter required following the release of 2010 census data.

The GOP proposal was presented to the public on April 26.

At a public hearing on May 9, hundreds of people spoke out against the redistricting map, some of them self-professed Republicans.

The plan would shift out 57 percent of Legislator Wayne Wink’s (D-Roslyn) constituents and 46 percent of Bosworth’s for a new District 10 that would combine much of Great Neck with Manhasset and Port Washington.

Several villages in Great Neck would be split in two, including the Village of Great Neck Estates at Cedar Drive, the Village of Great Neck Plaza at Middle Neck Road and a smaller part of the Village of Thomaston.

A new District 11 to the south would include the villages of Lake Success and Russell Gardens, the hamlets of University Gardens and North New Hyde Park, part of which is currently in District 9, along with North Hills, Manhasset Hills and most of Roslyn.

New Hyde Park would remain among the towns in District 9, along with Williston Park and East Williston.

“I think it’s a moment of justice,” Village of Lake Success Mayor Ron Cooper of the judge’s restraining order. “All I can say is that hopefully this travesty will be stopped. Its not just a travesty for the Great Neck peninsula, it’s a travesty for Nassau County. This redistricting program is just an unbelievable transparent political grab of power.”

To create a new minority district, the map would also split minority communities such as Five Town in two and further divide the Village of Hempstead from two to three.

Schmitt previously said Republican efforts were aimed at protecting the rights of minority voters, as census data showed population growth that demanded an immediate response. He said redrawing boundaries after the election would expose the county to voting rights lawsuits.

According to Republicans, the county charter sets up a three-step redistricting process, with immediate redistricting after each census in time for the next election. A bipartisan commission would then amend district boundaries after the election in March 2012, as mandated by the county charter.

Democrats have said the county charter necessitates boundaries merely be described based on census data and later drawn by a bipartisan commission, after extensive public input.

Share this Article