On Thursday a citizens' group filed a petition for writ of mandate or prohibition in the California Supreme Court, challenging the Citizens’ Redistricting Commission’s recently adopted new state Senate district maps.

The lawsuit is being supported by Fairness & Accountability in Redistricting (FAIR), the group currently circulating referendum petitions against the Senate plan.

It is the first lawsuit filed challenging the maps produced by the redistricting commission, according to the group's Thursday statement.

“It is very important that these legal questions go before the court now, so they can examine the full scope of constitutional issues and be prepared to draw new maps once we finish gathering signatures on the referendum,” said FAIR consultant Dave Gilliard.

The petition alleges the Senate maps violated four provisions of the California Constitution.

Specifically, the group alleges that 11 of the new Senate districts as drawn by the commission violate compactness, contiguity and respect for geographic integrity of counties and communities of interest.

FAIR alleges that the maps fail to assure Latino residents of Monterey and Santa Clara County of effective representation by a single senator from areas that have a history of electing Latino Assembly members.

The group further claims that the maps dilute Latino voting interests in the western San Fernando Valley portion of Los Angeles County in violation of the Federal Voting Rights Act.

The suit also alleges that seven districts unnecessarily split two major counties – San Bernardino and Sacramento counties – giving each county parts of six different districts but no district wholly within either county.

FAIR believes the split of the two counties is worse than the pre-Baker v Carr Senate plan in which each county had at least one senator. The federal courts held the 1960s plan unconstitutional for lacking population equality.

San Bernardino and Sacramento counties could be assured of a senator under the old plan, but they cannot under the commission’s new plan, according to FAIR.

The California Supreme Court also is being asked to convene special masters now to advise the court on the constitutional claims and to be ready to draw interim boundaries for Senate districts upon likely qualification of the referendum.

The filing also suggests to the court several alternative methods of drawing new Senate boundaries for the 2012 elections.

The Sacramento law firm of Bell, McAndrews & Hiltachk LLP is representing FAIR. Expert testimony will be offered in the case by Dr. T. Anthony Quinn, PhD, a well- known expert on California redistricting.

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