Complete Colorado

Denver school board hit with race-based redistricting lawsuit

DENVER–A federal lawsuit accuses Denver Public Schools (DPS) of illegally drawing its school board voting map to lock in racial outcomes, arguing the school district is in conflict with the Fifteenth Amendment, as well as the federal Voting Rights Act.

The Fifteenth Amendment to the US Constitution’s Bill of Rights dates to the late 1800s and prohibits governments from denying citizens the right to vote based on “race, color, or previous condition of servitude.”

The suit, filed July 2nd in U.S. District Court by the Public Interest Legal Foundation (PILF), a non-profit law firm based out of Alexandra, Virginia, targets “Map C,” the redistricting scheme the DPS board adopted in April 2024 after the 2020 Census showed more white residents moving to Denver, shifting both the population and demographics in some of the city’s school board districts.

Plaintiffs are Denver residents Susan Moore and Valdamar Archuleta.

Race-based redistricting

“DPS intentionally and brazenly drew district boundaries to ensure Black and Latino racial majorities achieved race-based representation over Denver’s increasing White population,” the complaint reads, in part.

According to the lawsuit, Map C shrank District 4 in northeast Denver while deliberately preserving the historically black neighborhoods of Five Points and Whittier inside its borders, ensuring the district–long represented by a black board member — kept that racial character. District 2 in southwest Denver was expanded to absorb heavily Latino neighborhoods (Sun Valley and La Alma/Lincoln Park), ensuring Latino representation on the school board.

The complaint leans heavily on the board’s own public comments when Map C was adopted, claiming board members openly discussed race as a driving factor rather than an incidental consideration. Then-board member Scott Esserman, for instance, is quoted in the complaint saying, “Our students being represented by people who look like them is really important.”

The lawsuit also cites comments from the board president framing the map as a way to preserve “cultural icons” in neighborhoods affected by gentrification, and points to statements from other board members and community advocates who discussed the racial makeup of proposed districts throughout the redistricting process.

SCOTUS precedent

Under longstanding Supreme Court precedent, race can be one factor considered when local governments comply with the Voting Rights Act, provided it doesn’t override traditional redistricting principles. The lawsuit argues the U.S. Supreme Court’s 2026 decision in Louisiana v. Callais meaningfully narrows how much race can factor into any map-drawing process, and that on-the-record evidence from DPS shows race wasn’t just a factor, but rather the priority.

DPS serves roughly 89,000 students, making it Colorado’s largest school district by enrollment.

Arhuleta and Moore are asking the court to declare Map C unconstitutional, block DPS from using it going forward, and order the district to draw a new map without relying on racial criteria — along with attorneys’ fees and costs.

SUPPORT LOCAL JOURNALISM

Our unofficial motto at Complete Colorado is “Always free, never fake, ” but annoyingly enough, our reporters, columnists and staff all want to be paid in actual US dollars rather than our preferred currency of pats on the back and a muttered kind word. Fact is we have an entire staff working every day to bring you the most timely and relevant political news (updated twice daily) aggregated from around the state, as well as top-notch original reporting and commentary.

PLEASE SUPPORT LOCAL JOURNALISM AND LADLE A LITTLE GRAVY ON THE CREW AT COMPLETE COLORADO. You’ll be giving to Independence Institute, the not-for-profit publisher of Complete Colorado, which makes your donation tax deductible. But rest assured that your giving will go specifically to the Complete Colorado news operation. Thanks for being a Complete Colorado reader, keep coming back.

LATEST VIDEOS

OR ON PODCAST...

SUPPORT OUR SPONSOR