BUFFALO, N.Y. — Back on August 3, on the topic of the reapportionment maps, Mayor Brown said, "It's a citizen's right to sue if they chose."
Several days later on August 16, he followed up by saying that he saw "No legal basis for a challenge but that is the right of these individuals."
In the state supreme court of Erie County Tuesday, 11 petitioners filed a lawsuit against the Buffalo Common Council, Mayor Byron Brown, the City of Buffalo (as successor-in-interest of the citizen's advisory commission on reapportionment), and the Erie County Board of Elections.
"The lawsuit is being filed because after a period of examination it was found that what the public knew can be verified at every critical junction, the law controlling the 2022 redistricting process was not followed," said attorney Stephanie Adams. "What we are contending are defective and unfair representational districts."
The 11 petitioners, which include Our City Action Buffalo and the University District Block Club, are represented by attorneys Stephanie Adams, Adam Bojak, and Samantha White.
Another issue outlined in the lawsuit is confusion about the law once it was passed by the council and signed by Mayor Brown.
The lawsuit alleges that Councilman Wingo created ambiguity about the effective date of the legislation in a conversation with one of the petitioners.
The city charter does not set an effective date after the reapportionment legislation is passed, according to the lawsuit.
"We have a number of other occasions where City representatives said one thing, but the reality was the exact opposite or just misrepresentations were made, whether they were known or unknown misrepresentations, they were still leading to confusing results," said attorney Adam Bojak.
The lawsuit is expected to be heard in the state supreme court in the coming weeks, but no official date has been announced.