Council backs lawsuit push and asks state to support corrected 2000 census data

The Los Angeles City Council approved a motion urging the state to support the city’s legal effort to require use of corrected 2000 Census data and directed the City Attorney to pursue amended litigation challenging the Commerce Department’s decision not to release ACE-corrected data. The motion passed by voice/roll (10 ayes).

City Attorney staff recommended amending the existing lawsuit in federal court and pursuing a preliminary injunction to compel release of the corrected figures. "The City filed lawsuit in Central District Court in LA, seeking an injunction ordering that that rule be void and that the decision should be, retained by the director of the Census," Jessica Hines of the City Attorney's Office told the council, describing the office's next steps.

Why it matters: City staff and outside counsel said officials believe the uncorrected census undercounts groups that are concentrated in Los Angeles, creating a measurable loss of federal and state funds and potential representational impacts. Staff estimated national differential undercount and provided local loss scenarios to the council.

What counsel told the council

Brian Currie of O'Melviti & Myers, the outside counsel advising the city, said the administration's approach reverses the statutory default. "We think that's exactly backwards. The congress wants the Census Bureau to use adjusted data, unless there is some problem demonstrated with it," Currie said, describing the planned legal strategy to seek reversal of the secretary's decision and to have adjusted data declared official for redistricting and funding purposes.

Numbers discussed

City staff told the council there is no local release of adjusted counts, but national estimates show an undercount of roughly 3.3 million people overall; staff estimated the city could be missing on the order of 154,000 residents if the undercount mirrors 1990 patterns. Counsel cited Price Waterhouse estimates projecting that Los Angeles city would lose roughly $37.5 million per year (about $375 million over a decade) and said Los Angeles County could lose approximately $1.8 billion over the same period.

Council action and next steps

Councilmembers approved a motion asking the governor and the state legislature to support the city's legal effort and authorized city counsel to proceed with amended litigation, asking counsel to coordinate with other interested jurisdictions. Jessica Hines said the city planned to file the amended complaint and requests for injunctive relief by the end of the week, pending final coalition commitments. The council asked the City Attorney's office to prepare talking points for councilmembers attending national and state meetings to build broader support.

Ending

The council voted to press the legal strategy and to seek state support, asking the City Attorney to keep the council apprised and to prepare a resolution and talking points to assist statewide and national outreach.