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Judge tosses First Amendment claim in racial discrimination suit over Tarrant County precinct maps

A photo of a meeting room full of people, facing ahead and listening to a speaker. Maps of Tarrant County in various shades of green line the left wall, with a person standing in between them, arms crossed.
Miranda Suarez
/
四虎影院
Audience members listen during a public hearing about redistricting Tarrant County's commissioners court map at the county subcourthouse in Arlington on Saturday, May 17, 2025.

A federal judge dismissed a group of Tarrant County residents鈥 claim that the county's new precinct map disenfranchises them and denied the group鈥檚 request to temporarily prevent the county from implementing the new map.

The group's other constitutional claims 鈥 which also allege racial discrimination against Black and Latino voters 鈥 will still proceed.

In a lawsuit over Tarrant County鈥檚 rare mid-decade redistricting effort, voters who would be affected by the new map allege the map disenfranchises them under the First Amendment. But U.S. District Judge Reed O鈥機onnor, based in Fort Worth, ruled Friday he has no authority to decide that issue.

It鈥檚 a political question of partisan gerrymandering, O鈥機onnor wrote, agreeing with the county鈥檚 argument in its motion to dismiss last month.

The plaintiffs also allege certain voters affected by the redistricting will now have to wait six years to vote for their commissioner instead of the usual four. While true, O鈥機onnor ruled that's not a valid claim to make under the First Amendment. Just because the redistricting will cause a two-year postponement in voting for some people doesn鈥檛 mean their right to vote is unconstitutionally burdened, he wrote.

鈥淧laintiffs will have an opportunity to exercise their vote for Commissioner in 2028鈥攖hey are not voiceless,鈥 O鈥機onnor wrote. 鈥淎nd they are only delayed participation in the County Commissioner election鈥攁ll other state and national elections remain available to them in 2026.鈥

The ruling still leaves in place the plaintiffs' claims that the two-year delay is racially discriminatory under Voting Rights Act and the Fourteenth and Fifteenth Amendments. But because he found the plaintiffs likely won鈥檛 succeed in proving any of those claims, O鈥機onnor denied their motion for a preliminary injunction that would have temporarily prevented the maps from going into effect.

The plaintiffs immediately appealed the ruling. 四虎影院 reached out to their attorneys and those for Tarrant County for comment and will update this story with any response.

County Judge Tim O'Hare applauded the ruling in a Tuesday.

"With no injunction, the new map the County passed will stay in place for the next election," O'Hare wrote. "I am pleased with this ruling."

Tarrant County commissioners voted along party lines to change the county maps in June. The lawsuit 鈥 filed by a group of Black and Latino voters who were moved to other precincts or whose precincts will become majority white 鈥 followed soon after. It alleges the new precincts were racially gerrymandered by packing Black and Hispanic residents into a single district.

The county argues the mid-decade redistricting was purely partisan and not motivated by race. The U.S. Supreme Court federal courts don鈥檛 have the authority to decide whether partisan gerrymandering is unconstitutional, but racial gerrymandering is illegal.

The new map 鈥 also known as Map 7 鈥 mostly reshapes precincts 1 and 2, which are represented by Democratic commissioners. It specifically leaves Commissioner Alisa Simmons鈥 precinct 2 with more Republican voters.

That means a harder fight for Simmons, who will be running against retiring Texas Rep. Tony Tinderholt, R-Arlington, to keep her seat next year.

Elections for county commissioners are staggered. O鈥橦are and Commissioner Manny Ramirez, both Republicans, are also up for reelection next year. Republican Commissioner Matt Krause and Democratic Commissioner Roderick Miles Jr. are up for election in 2028.

The ruling from O鈥機onnor comes after the Texas Legislature passed new congressional maps redrawn to favor Republicans at the urging of President Donald Trump. The state is also facing a lawsuit alleging racial gerrymandering.

Additional reporting by 四虎影院鈥檚 Miranda Suarez.

Toluwani Osibamowo is 四虎影院鈥檚 law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.

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Toluwani Osibamowo covers law and justice for 四虎影院. She joined the newsroom in 2022 as a general assignments reporter. She previously worked as a news intern for Texas Tech Public Media and copy editor for Texas Tech University鈥檚 student newspaper, The Daily Toreador, before graduating with a bachelor鈥檚 degree in journalism. She was named one of Current's public media Rising Stars in 2024. She is originally from Plano.