The U.S. Justice Department has withdrawn a lawsuit accusing Hazleton and its leaders of violating federal law by thwarting the election of Hispanic City Council candidates.
Court documents show the Justice Department's voluntary dismissal was filed Monday and approved Tuesday by U.S. District Judge Karoline Mehalchick.
The suit was filed in early January, in the waning days of the Biden Administration.
It alleged that Hazleton's at-large method of electing city council members "results in Hispanic citizens having less opportunity than other members of the electorate to participate in the political process and to elect candidates of choice," effectively violating Section 2 of the Voting Rights Act.
Even though Hispanic voting-age citizens make up more than 40% of the city’s electorate, Hispanic-preferred council candidates routinely lose, the Justice Department argued.
The suit didn't mention any city refusal to change, but instead pointed to city history. It refers to at least seven competitive primary and general elections with Hispanic candidates between 2014 and 2023.
“No Hispanic candidate has ever been elected to the Hazleton City Council,” the suit says.
Based on voting-age population, the suit said, Hazleton could have at least two majority Hispanic districts in a five-district plan, according to the suit.
As of the 2020 U.S. Census, Hazleton had a voting-age population 39% white, 57.6% Hispanic and 1.5% Black, according to the suit. Voting-age population does not mean all voting-age residents are registered or eligible to vote.
Overall, the city’s population was 33% white, 63.1% Hispanic and 1.67% Black.
Hazleton Mayor Jeff Cusat and city officials, who were fighting the case, disputed the Justice Department's assessment.
"The DOJ's baseless assumption that the non-Hispanic white voters vote as a block to defeat Hispanic candidates could not be supported," Cusat said in a statement released Tuesday. "The Hazleton community simply cannot be stereotyped by people who have never visited the area."
"The city believes that the five at-large, City Council seats elected on rotating election cycles should continue to be duly elected by the people," Cusat said.
"Hazleton follows, and will continue to follow, all Pennsylvania State and Luzerne County election laws and procedures until any changes that would come from a vote of the citizens of Hazleton through a ballot referendum."
The Justice Department had not released a statement on the Hazleton case as of Tuesday afternoon, but as NPR reported last month the agency has been stepping away from some voting rights cases under the Trump administration.
