Two civil rights lawsuits in Stanislaus County bring kudos, criticism

Few blame the poor or downtrodden for wanting to improve their lot in life.

But when they lawyer up, that's something else. And when their attorneys swoop in from The City, demand big change and cost taxpayers several millions of dollars, that's something else again.

People might not realize that agencies up and down California are looking at Modesto, whispering and pointing fingers, wondering how two civil rights test cases here might affect them. Some say they too have fallen victim to big-city lawyers emboldened by Modesto's loss.

Some Latino leaders, however, see the San Francisco lawyers as heroes, similar to out-of-town civil rights activists who took on Deep South injustice in the 1960s. Finally, they say, after decades of neglect, someone with the law on his side championed Modesto's overlooked and underserved.

And won.

"Do not fault them," said Armando Flores, a Modesto attorney. "They are willing to spend time and resources to advocate for causes you would think are lost causes."

But righting society's wrongs comes with a price, and steps in the right direction don't always produce desired results. The downsides weigh heavily in landmark lawsuits against Modesto and Stanislaus County, which have cost taxpayers $8.3 million and counting, and have not produced more minority office holders or new sidewalks or better storm drains.

"Folks are electing people to make decisions, but these lawyers come in and change the situation," said Modesto City Councilman Dave Lopez, a Latino elected before the city was carved into geographic districts. "I'm not a big

fan. I don't think it's constructive to the city."

Outgoing Councilman Will O'Bryant compared the lawyers to "ambulance chasers" stirring a pot in hopes of a big payout.

Yamilet Valladolid, site supervisor for Modesto-based El Concilio, a Latino advocacy group, said: "Everyone deserves to have a safe environment, regardless of race or social status. If it takes a lawsuit to make that happen, so be it."

One lawsuit still in federal court

At issue are a pair of discrimination lawsuits, both filed in 2004 on behalf of local Latinos by the Lawyers' Committee for Civil Rights of the San Francisco Bay Area.

The first sought to boost minority representation on the Modesto City Council by imposing district elections, while the second says biased policies are holding down neighborhoods heavily populated by Latinos.

In October 2007, the U.S. Supreme Court declined to hear Modesto's appeal on the voting rights lawsuit, and city voters agreed to switch to district elections four months later. The second lawsuit still is winding its way through federal courts.

Guiding both lawsuits is Robert Rubin, whose résumé includes references to President Bill Clinton's transition team in 1992 and earlier legal work for the American Civil Liberties Union in race-torn Mississippi before landing in San Francisco in 1981. The Lawyers' Committee, loosely affili- ated with a national civil rights group with a similar name, set up shop in the Bay Area in 1963 and often represents immigrants, minorities and the homeless.

Rubin steers talk of his work toward his clients. "These are folks who know that challenging the local political power structures is not going to make them popular," he said in a recent interview. "These are folks in many cases who have been told throughout their lives that the way to get by is to keep your head down, your nose clean and your mouth shut. Yet they're standing up and saying, 'All we want is a fair share.' "