PART III
FIRST CAUSE OF ACTION:
INTIMIDATION OF VOTERS
14. Plaintiff hereby realleges and incorporates by reference ¶¶ 1 - 13 above.
15. Section 11(b) of the Voting Rights Act provides that: "No person,. . . shall intimidate, threaten, or coerce . . . any person for voting or attempting to vote." § 1973i(b).
16. Defendants have violated Section 11(b) by the deployment of armed and uniformed personnel at the entrance to the polling location at 1221 Fairmount Street in Philadelphia, Pennsylvania, on November 4, 2008. The loud and open use of racial slurs and insults at this polling location, directed at both black and white individuals, enhanced the intimidating and threatening presence at the polling location. The behavior and statements of the Defendants intimidated and threatened voters and potential voters, in violation of Section 11(b) of the Voting Rights Act.
17. Unless enjoined by this Court, Defendants and those acting in concert with them, will continue to violate Section 11(b) of the Voting Rights Act by continuing to direct intimidation, threats, and coercion at voters and potential voters, by again deploying uniformed and armed members at the entrance to polling locations in future elections, both in Philadelphia, and throughout the United States.
18. "Whenever any person has engaged" in a violation of Section 11(b) by intimidating or threatening voters, the Attorney General may seek "an action for preventive relief." § 1973j(d).
SECOND CAUSE OF ACTION
ATTEMPTED INTIMIDATION OF VOTERS
19. Plaintiff hereby realleges and incorporates by reference ¶¶ 1 - 18 above.
20. Section 11(b) of the Voting Rights Act provides that: "No person . . . shall . . . attempt to intimidate, threaten, or coerce" any voter. § 1973i(b). Attempts to intimidate, threaten or coerce voters, violate Section 11(b), even if such attempts are unsuccessful.
21. Defendants have violated Section 11(b) by attempting to intimidate, threaten, or coerce voters by the deployment of armed and uniformed personnel at the entrance to the polling location at 1221 Fairmount Street in Philadelphia, Pennsylvania, on November 4, 2008. The deployment, and the accompanying behavior, was an attempt to intimidate, threaten, and coerce voters. The brandishing of a weapon at the very entrance of a polling location on November 4, 2008, demonstrates that the Defendants' reliance on the potential use of force was an attempt to have an effect of certain voters. The behavior and statements of the Defendants intimidated and threatened voters and potential voters, in violation of Section 11(b) of the Voting Rights Act. The deployment of armed and uniformed individuals at the entrance to a polling location represents an attempt to have an intimidating and threatening effect on certain voters.
22. Unless enjoined by this Court, Defendants and those acting in concert with them, will continue to violate Section 11(b) of the Voting Rights Act by continuing to attempt to intimidate, threaten and coerce voters and potential voters, by again deploying uniformed and armed members at the entrance to polling locations in future elections, both in Philadelphia, and throughout the United States.
23. "Whenever any person has engaged" in a violation of Section 11(b) by attempting to intimidate or threaten voters, the Attorney General may seek "an action for preventive relief."
THIRD CAUSE OF ACTION:
INTIMIDATION OF INDIVIDUALS AIDING VOTERS
24. Plaintiff hereby realleges and incorporates by reference ¶¶ 1 - 23 above.
25. Section 11(b) also protects those who aid voters or urge them to vote. Section 11(b) of the Voting Rights Act provides that: "No person . . . shall . . . intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote." § 1973i(b).
26. The Defendants intimidated and threatened those urging or aiding persons to vote at 1221 Fairmount Street on November 4, 2008 and thereby violated § 1973i(b). These efforts included, but were not limited to, doing the following to protected individuals: brandishing a deadly weapon toward them, directing racial slurs and insults at them, and attempting to prevent their authorized ingress and egress at the polling location through blockage of the entrance and the threat of force.
27. Unless enjoined by this Court, Defendants and those acting in concert with them, will continue to violate Section 11(b) of the Voting Rights Act by continuing to intimidate, threaten, and coerce individuals urging and aiding voters, by again deploying uniformed and armed members at the entrance to polling locations in future elections, both in Philadelphia, and throughout the United States.
28. "Whenever any person has engaged” in a violation of Section 11(b) by intimidating or threatening those urging and aiding voters, the Attorney General may seek "an action for preventive relief." § 1973j(d).