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New Georgia law targets Black women DAs, lawsuit says

House Bill 369 makes county elections nonpartisan in some metro Atlanta counties

Patsy Austin-Gatson Patsy Austin-Gatson, the district attorney for Gwinnett County, filed the lawsuit Aug. 21 in Fulton County Superior Court against the state. (Source: WSBTV)

GWINNETT COUNTY, Ga. — Gwinnett County’s district attorney is suing the state of Georgia, arguing a new election law was written to target her and four other Black women district attorneys.

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Channel 2’s Gwinnett County bureau chief Matt Johnson reports Patsy Austin-Gatson, the district attorney for Gwinnett County, filed the lawsuit Aug. 21 in Fulton County Superior Court against the state.

House Bill 369 makes county elections nonpartisan in counties that use a medical examiner instead of an elected coroner. Only five Georgia counties fit that description: Clayton, Cobb, DeKalb, Fulton and Gwinnett.

“HB 369 is very strange and prejudicial legislation,” Austin-Gatson said at a news conference announcing the suit. “Legislation was passed that only covers five metro areas that happen to have five Black women as district attorneys and without input by you, the people.”

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Austin-Gatson, the first woman and first African American to hold the office, said the fight is personal.

“I have a duty to stand up and fight against what I believe to be unjust and racially discriminatory legislation,” she said.

The bill passed the Senate 32-21 and the House 93-64 before Georgia Gov. Brian Kemp signed it in May.

State Sen. John Albers, R-Roswell, sponsored related legislation and said in a statement the change reflects the scope of these offices.

“With that level of responsibility, it is critical that leadership in these roles remains focused on the mission, not politics,” Albers said. “By removing unnecessary political influence from these positions, we allow public safety professionals and elected officials alike to concentrate on what matters most: serving the people and keeping our communities safe.”

Austin-Gatson’s lawsuit argues HB 369 violates the state’s Uniformity and Equal Protection clauses, and that lawmakers revived rejected bill language without the required two-thirds vote.

DeKalb County District Attorney Sherry Boston has filed a similar lawsuit. Austin-Gatson’s attorney, Michael Terry, said he hopes for a hearing before the end of the year.

“I refuse to sit down, but will stand and fight again,” Austin-Gatson said.

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