Andre Wharton – Memphis Flyer

After what turned out to be virtually an entire day’s worth of testimony from both sides on Monday, Chancellor JoeDae L Jenkins ruled for the plaintiffs JB

John Ryder (l), attorney for the Election Commission, and Alexander Wharton, attorney for the NAACP, joust over a demographic map prepared by witness Steve Ross. Judge JoeDae L. Jenkins would rule for the Shelby County Democratic Party and the NAACP in a dispute over early-voting sites for the August 2 election.

and against the Election Commission, ordering that Mississippi Boulevard Christian Church and Frayser’s Ed Rice Community Center (or some similarly located venue) be added to the three early-voting sites scheduled to open on Friday of this week.

Judge Jenkins also enjoined that all the designated sites (numbering 27 in all, after tonight’s ruling) open on Monday, June 16th, instead of Wednesday, June 18th, as the Election Commission and Election Administrator Linda Phillips had planned, giving the Shelby County Democratic Party and the NAACP the essence of what they sought. The early-voting period is scheduled to last from June 13th to June 28th, with final voting to be held on the officiaL election day of August 2nd.

Monday’s decision was loaded with ironies. The Election Commission had ignited what became a county-wide controversy when it arbitrarily and without advance public notice announced in June that it was expanding the original list of 21 early-voting sites (the same as that employed for the May county primary), adding five new sites in what it termed “under-served” areas, most of them in historic Republican territory. The EC further designated the AgriCenter in Shelby Farms as a super-site, open for four extra days. (A “compromise” offer by the commission last Friday would have substituted three other extra-time sites, including one in a heavily Democratic area.)

Judge Jenkins turned that logic on its head, saying in his ruling from the bench that it was African-American areas that were under-served by the new configuration, and to arguments from Election Commission lawyer John Ryder and EC spokesperson Joe Young that there was no time left to effect any more changes or provide for an earlier availability for the sites, the Chancellor would rule that the commission had erred in the first place by springing its own changes on to the public without adequate notice or preparation.

All the parties will reconvene in Chancellor Jenkins’ courtroom on Tuesday at 10 a.m. to get written notice of the judge’s ruling, and attorneys for the Election Commission have indicated they will seek an interlocutory appeal and a stay of Jenkins’ injunction.

One set of plaintiffs on Monday consisted of Myron Lowery and the Shelby County Democratic Party and was represented by lawyer Julie Byrd Ashworth, the other was the NAACP, represented by brothers Alexander Wharton and Andre Wharton. Ryder did the honors for the Election Commission.

Highlights of the hearing were a lengthy cross-examination of Election Commission chairman Robert Meyers by Alexander Wharton and detailed testimony on the demographics of site selection by witness Steve Ross, who was put on the stand by the plaintiffs.

Facebook- Cooper-Young Community Association

The city’s landmark commission voted Thursday to designate the Cooper-Young neighborhood as a historic overlay district.

This vote by the Memphis Landmark Commission could put a set of guidelines in place that will regulate demolition, new construction, and residential add-ons in the neighborhood.

Kristen Schebler, executive director of the Cooper-Young Community Association (CYCA), the official applicant of the proposal told the Memphis Landmarks Commission that the new houses being built in the neighborhood lack the the historical characteristics of the Cooper-Young, like front porches.

This, she said, was a “huge motivating factor” for applying for historic overlay protection.

The new guidelines for the district would require that houses be constructed with front porches. “Unless there’s a good reason, they need to have a front porch,” Schebler said.

Another concern of the residents, she said is parking, citing the new houses constructed with front-loading parking and garages that take up much of the front facade and don’t “fit the feeling of Cooper-Young.”

She adds that garages limit the opportunities for interactions among residents.

Other guidelines touch on new construction height, size, roof shape, and building material requirements.

Bounded by Central on the north, East Parkway on the east, Southern on the south, and

Mclean to the west, the new historic overlay district would span 335 acres and include about 1,600 households.

Schebler said based on a community “good-faith” vote the majority of those households support the neighborhood’s historical designation.

However, members of the neighborhood who oppose the historic overlay protection told the commission that the guidelines are subjective and could have unintended consequences.

One resident of Cooper-Young said “one small group of people should not impose their will on an entire neighborhood.”

Additionally, there was concern about the transparency of the process.

Commissioner Andre Wharton agreed, expressing his concern about whether or not enough due process has been provided to all the residents of Cooper-Young. He encouraged the commission to have more discussion before moving forward with a vote.

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“I’m concerned if enough due diligence has been put into it to ensure that everyone has had an opportunity to be heard.” Wharton said. “This is a huge deal.”

“I see benefits to having this designation, but I also see some of the detriment it could cause individuals,” Wharton continued, citing individuals who might not have the resources to adhere to the historic guidelines.

The commission approved the request six to one, with Wharton the only commissioner voting no.

The designation must be approved by both the Land Use Control Board and the Memphis City Council before taking effective. The commission expects this to take until late February 2018.