Valerie Abbott, et al. v. William Bell, Mayor of the City of Birmingham, Alabama, et al.

Pursuant to statute, the City Council of the City of Birmingham adopted a resolution to accept the application of a non-profit public benefit corporation, named “The Birmingham Waterworks” (“BWW”), to take ownership of and operate water and sewer assets owned by the City. The resolution approved Certificate of Incorporation requiring a Board of Five Directors appointed exclusively by the City Councilors. (App. 68a). In 2015, the State of Alabama changed the law to expand the Board of any waterworks from five to nine which fit nine separate classifications, which existed on or before January 1, 2015, or after January 1, 2015, all of which were applicable only to BWW. (App.35a, 36a) Now, three of the nine Board members are appointed by elected officials from three Counties contiguous the City of Birmingham. The statute reduced City Council appointed Board Members, now owning and operating the City’s water assets, from 100% to a 44% minority position. Even if BWW changed its asset mix or customer base to make the classifications inapplicable, the new statute would still apply because it is now impossible to change the mix of assets and customers existing on or before January 1, 2015. A majority of the City of Birmingham councilors are black and both contiguous Counties who now have appointment power are 90% white and the Mayor’s association that appoints the third “resident outside the City” Board member is predominantly white. The Questions Presented are: 1. Whether the State law change, which applies only in the City of Birmingham, mandating that the Certificate of Incorporation of BWW limit the Board