Case 2:25-cv-00356 Document 1 Filed 05/07/25 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
Civil Action No.: ___________

PHILLIP R. WIEDMEYER, in his official capacity as a member of the Regional

Water Works System Board of Directors,
Plaintiff,
v.
HONORABLE MAYOR RANDALL L. WOODFIN, officially as Mayor of the
City of Birmingham and individually as a citizen and ratepayer for water services
provided by the Birmingham Water Works Board; CLINTON P. WOODS,
officially as a Birmingham City Council member and individually as a citizen and
ratepayer for water services provided by the Birmingham Water Works Board;
HUNTER WILLIAMS, officially as a Birmingham City Council member;
VALERIE A. ABBOTT, officially as a Birmingham City Council member and
individually as a citizen and ratepayer for water services provided by the
Birmingham Water Works Board; JONATHAN T. (“J.T.”) MOORE, officially as a
Birmingham City Council member and individually as a citizen and ratepayer for
water services provided by the Birmingham Water Works Board; DARRELL
O’QUINN, officially as a Birmingham City Council member and individually as a
citizen and ratepayer for water services provided by the Birmingham Water Works
Board; CRYSTAL SMITHERMAN, officially as a Birmingham City Council
member; WARDINE T. ALEXANDER, officially as a Birmingham City Council
member; CAROL E. CLARKE, officially as a Birmingham City Council member;
LATONYA A. TATE, officially as a Birmingham City Council member and
individually as a citizen and ratepayer for water services provided by the
Birmingham Water Works Board; THE CITY OF BIRMINGHAM, a municipal
corporation; TERESHIA Q. HUFFMAN, as former Chairwoman of the
Birmingham Water Works Board; WILLIAM “BUTCH” BURBAGE, JR., as
former Vice Chairman of the Birmingham Water Works Board, THOMAS E.
HENDERSON, as former Second Vice-chairman of the Birmingham Water Works
Board; RAYMOND “LARRY” WARD, as former Secretary-Treasurer of the
Birmingham Water Works Board; DR. MONIQUE GARDNER WITHERSPOON,
as former Director of the Birmingham Water Works Board; DR. ANDRE
MCSHAN, as former Director of the Birmingham Water Works Board; and IVAN
W. HOLLOWAY, as former Director of the Birmingham Water Works Board,
Defendants.
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COMPLAINT FOR DECLARATORY JUDGMENT

COMES NOW Plaintiff Phillip R. Weidmeyer (“Plaintiff”), in his official

capacity as a member of the Regional Water Works System Board of Directors, and

files this Complaint for Declaratory Judgment. In support thereof, Plaintiff alleges

the following:

INTRODUCTION

1. On May 7, 2025, former Senate Bill 330 now enacted as Act 2025-297

(“SB330” or “the Act”) was signed into law, converting the Birmingham Water

Works System into a regional system and restructuring its board of directors. (See

Exhibit “1” and see Exhibit “2”).

2. Prior to the Act going into effect, on May 6, 2025, a group of the

Defendants prematurely filed an unripe lawsuit against Governor Kay Ivey, alleging

that SB330 violated the United States and Alabama Constitutions. See Compl. (Doc.

1), Mayor Randall L. Woodfin, et al., v. Governor Kay Ivey, et al., Case No. 2:25-

cv-00352.

3. This action is related to the prior suit, case No. 2:25-cv-00352, with

respect to a number of parties, and all the issues presented.

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PARTIES

4. Jefferson County Commission President James “Jimmie” Stephens

appointed Plaintiff Phillip R. Wiedmeyer, an engineer, to the Board of Directors of

the Birmingham Water Works on May 7, 2025. (See Exhibit “3”, Order and

Appointment recorded with the Judge of Probate for Jefferson County and see

Exhibit “4”, Order and Appointment filed with Secretary of State of Alabama).

5. Defendant Hon. Randall L. Woodfin, in his official capacity as Mayor

of the City of Birmingham and individually as a citizen and ratepayer for water

services provided by the Birmingham Water Works Board. Mayor Woodfin is a

resident of Jefferson County, Alabama.

6. Defendant Clinton P. Woods, in his official capacity as a member of

the Birmingham City Council and individually as a citizen and ratepayer for water

services provided by the Birmingham Water Works Board. Upon information and

belief, Mr. Woods is a resident of Jefferson County, Alabama.

7. Defendant Hunter Williams, in his official capacity as a member of the

Birmingham City Council.

8. Defendant Valerie A. Abbott, in her official capacity as a member of

the Birmingham City Council and individually as a citizen and ratepayer for water

services provided by the Birmingham Water Works Board. Upon information and

belief, Ms. Abbott is a resident of Jefferson County, Alabama.

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9. Defendant Jonathan T. (“J.T.”) Moore, in his official capacity as a

member of the Birmingham City Council and individually as a citizen and ratepayer

for water services provided by the Birmingham Water Works Board. Upon

information and belief, Mr. Moore is a resident of Jefferson County, Alabama.

10. Defendant Darrell O’Quinn, in his official capacity as a member of the

Birmingham City Council and individually as a citizen and ratepayer for water

services provided by the Birmingham Water Works Board. Upon information and

belief, Mr. O’Quinn is a resident of Jefferson County, Alabama.

11. Defendant Crystal Smitherman, in her official capacity as a member of

the Birmingham City Council.

12. Defendant Carol E. Clarke, in her official capacity as a member of the

Birmingham City Council.

13. Defendant Latonya A. Tate, in her official capacity as a member of the

Birmingham City Council and individually as a citizen and ratepayer for water

services provided by the Birmingham Water Works Board. Upon information and

belief, Ms. Tate is a resident of Jefferson County, Alabama.

14. The City of Birmingham, Alabama, a municipal corporation.

15. Tereshia Q. Huffman, in her former capacity as Chairwoman of the

Birmingham Water Works Board.

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16. William “Butch” Burbage, Jr., in his former capacity as Vice Chairman

of the Birmingham Water Works Board.

17. Thomas E. Henderson, in his former capacity as Second Vice-chairman

of the Birmingham Water Works Board.

18. Raymond “Larry” Ward, in his former capacity as Secretary-Treasurer

of the Birmingham Water Works Board.

19. Dr. Monique Gardner Witherspoon, in her former capacity as Director

of the Birmingham Water Works Board.

20. Dr. Andre McShan, in his former capacity as Director of the

Birmingham Water Works Board.

21. Ivan W. Holloway, in his former capacity as Director of the

Birmingham Water Works Board.

JURISDICTION AND VENUE

22. Jurisdiction is proper in the United States District Court for the Middle

District of Alabama pursuant to 28 U.S.C. § 2201 and under 28 U.S.C. § 1331,

relating to questions of law raised under the Constitution and the Voting Rights Act.

23. Venue is proper in the United States District Court for the Middle

District of Alabama under 28 U.S.C. § 1391(b)(2) as a substantial part of the events

giving rise to the claim occurred therein. The Legislature passed SB330 in the

Middle District. The Governor signed SB330 into law in the Middle District. The

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Governor and Lieutenant Governor, who possess appointment authorities under the

Act, reside in the Middle District.

FACTS

24. Birmingham Water Works (“BWW”) is Alabama’s largest water

system and serves customers in five counties, including Jefferson, Shelby, Blount,

St. Clair, and Walker Counties, all of which are invested in BWW’s success.

25. Prior to May 7, 2025, BWW was governed by a nine-member Board of

Directors, with two appointed by the Mayor of Birmingham, four appointed by the

Birmingham City Council, one appointed by the Jefferson County Mayors

Association, one appointed by the Shelby County Commission, and one appointed

by the Blount County Commission (the “Prior Board”).

26. On or about April 17, 2025, the Alabama State Senate introduced

SB330, which, in effect, would convert BWW into a regional water works system

and restructure the Prior Board into a regional board of directors.

27. The Act was designed to eliminate and mitigate any failures of

management, which as stated in the Act, “are more likely to occur in water works

boards described in Section 11-50-300, Code of Alabama 1975, where the power to

appoint a controlling number of the members of a board of directors is vested in a

municipality whose voting residents comprise a fraction of the individuals served by

the municipally controlled water works board.”

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28. Section 11-50-300.02 of the Act states, “[o]n the effective date of the

act adding this section, a board that meets the requirements of Section 11-50-300(a)

as of the date of filing the bill adding this section shall be converted to a regional

board.”

29. On or about May 1, 2025, SB330 obtained final passage in the

Legislature.

30. On May 7, 2025, Governor Kay Ivey signed SB330 into law. The Act

was effective immediately.

31. Accordingly, BWW has been converted into a regional water works

system, the Prior Board has been terminated, and the regional system is governed by

the newly appointed Board of Directors (the “Regional Board”).

32. The Act was properly and validly passed in accordance with the laws

of the Constitution of the State of Alabama.

33. Further, the Act complies with the United States Constitution.

34. Specifically, the Act complies with the Equal Protection Clause of the

United States Constitution and neither discriminates against the City of

Birmingham’s ratepayers nor impermissibly treats the Birmingham’s ratepayers

differently than similarly situation ratepayers based on race.

35. The Act complies with Section 2 of the Voting Rights Act because it

does not deprive individuals the right to vote on account of race of color.

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36. The Act complies with the Supremacy Clause of the United States

Constitution, for it does not violate the Constitution or any federal law.

37. The Act complies with the due process requirements of the United

States Constitution.

38. And the Act complies with Contracts Clause of the United States

Constitution.

39. Additionally, the Act complies with the Constitution of the State of

Alabama, specifically, with Article VII, Sections 173 and 175, Article XVII, Section

280, and Article XII, Section 220.

COUNT I – DECLARATORY JUDGMENT FOR THE ACT’S

COMPLIANCE WITH THE UNITED STATES CONSTITUTION

40. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

41. This action was properly brought pursuant to 28 U.S.C. §§ 2201 and

1331 because a ripe and justiciable controversy exists between the parties regarding

the constitutionality of the Act to be addressed by the Court.

WHEREFORE, PREMISES CONSIDERED, Plaintiff asks this Court to issue

an Order setting forth the following relief:

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A. Declaring that the Act complies with the United States Constitution,

including, the Equal Protection Clause, Section 2 of the Voting Rights

Act, the Supremacy Clause, the due process requirements, and the

Contracts Clause.

COUNT II – DECLARATORY JUDGMENT FOR THE ACT’S VALIDITY

AND COMPLIANCE WITH THE ALABAMA CONSTITUTION

42. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

43. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the validity

and constitutionality of the Act to be addressed by the Court.

WHEREFORE, PREMISES CONSIDERED, Plaintiff asks this Court to issue

an Order setting forth the following relief:

A. Declaring that the Act was properly and validly signed into effect in

accordance with the laws of Constitution of the State of Alabama.

B. Declaring that the Act complies with the Constitution of the State of

Alabama, including Articles VII, XVII, and XII.

COUNT III – DECLARATORY JUDGMENT THAT THE PRIOR BOARD

HAS BEEN TERMINATED

44. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

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45. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the authorities

of the Prior Board and Current Board to be addressed by the Court.

46. Per the terms of the Act, the Prior Board has been terminated and holds

no authority over the Regional Water Works System.

47. Rather, the Regional Board properly governs and serves as the Board

of Directors of the Regional Water Works System.

COUNT IV – DECLARATORY JUDGMENT FOR GOVERNOR’S

AUTHORITY TO APPOINT BOARD MEMBERS UNDER THE ACT

48. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

49. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the authority

of the Governor of Alabama to appoint individuals to the Regional Board under the

Act.

COUNT V – DECLARATORY JUDGMENT FOR LIEUTENANT

GOVERNOR’S AUTHORITY TO APPOINT BOARD MEMBERS UNDER
THE ACT

50. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

51. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the authority
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of the Lieutenant Governor of Alabama to appoint individuals to the Regional Board

under the Act.

COUNT VI – DECLARATORY JUDGMENT FOR THE AUTHORITY OF

THE JEFFERSON COUNTY COMMISSION PRESIDENT TO APPOINT A
BOARD MEMBER UNDER THE ACT

52. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

53. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the authority

of the Jefferson County Commission President to appoint individuals to the Regional

Board under the Act.

COUNT VII – DECLARATORY JUDGMENT FOR THE AUTHORITY OF

THE SHELBY AND BLOUNT COUNTY COMMISSION PRESIDENTS TO
APPOINT BOARD MEMBERS UNDER THE ACT

54. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

55. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding the authority

of Presidents of the Shelby and Blount County Commissions to appoint individuals

to the Regional Board under the Act.

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COUNT VIII- DECLARATORY JUDGMENT THAT THE ACT WAS

DULY PASSED BY THE LEGISLATURE AND SIGNED INTO LAW BY
THE GOVERNOR

56. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

57. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding whether the

Act was duly passed by the Alabama Legislature and signed into law by the

Governor, and whether it properly governs the management of the Regional Water

Works System as enacted.

COUNT IX- DECLARATORY JUDGMENT THAT THE ACT APPLIES TO

ENTITIES AS DEFINED ON THE DATE OF THE ACT’S FILING

58. Plaintiff restates and re-alleges each of the foregoing paragraphs as if

fully set forth herein.

59. This action was properly brought pursuant to 28 U.S.C. § 2201 because

a ripe and justiciable controversy exists between the parties regarding whether the

Act may define entities subject to its terms retroactively from its enactment, i.e.

convert “a board that meets the requirements of Section 11-50-300(a) as of the date

of filing the bill” to a regional board, as opposed to a board that meets the

requirements of Section 11-50-300(a) as of the date of enactment.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff asks this Court to issue

an Order setting forth the following relief:

A. Enjoining the Prior Board from acting on behalf of the Regional Water

Works System.

B. Declaring any actions taken by the Prior Board on or after May 7, 2025,

to be invalid.

C. Declaring that the members of the Regional Board properly hold their

seats as Board of Directors and govern the Regional Water Works

System.

D. Declaring that the Governor of Alabama holds the authority to appoint

members of the Regional Board under the terms of the Act.

E. Declaring that the Lieutenant Governor of Alabama holds the authority

to appoint members of the Regional Board under the terms of the Act.

F. Declaring that the Jefferson County Commission President holds the

authority to appoint a member of the Regional Board under the terms

of the Act

G. Declaring that the Act was duly enacted.

H. Declaring that the Act applies to entities as defined on the date of the

Act’s filing irrespective of date of enactment.

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Respectfully submitted this the 7th day of May, 2025.

/s/ Christopher W. Weller

CHRISTOPHER W. WELLER (6640-W81C)
J. MITCHELL SIKES (1631-L00G)
Attorneys for Plaintiff

OF COUNSEL:
CAPELL & HOWARD, P.C.
150 South Perry Street (36104)
Post Office Box 2069
Montgomery, AL 36102-2069
Telephone: (334) 241-8000
Facsimile: (334) 323-8888
Email: Chris.Weller@chlaw.com
Email: Mitchell.Sikes@chlaw.com

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CERTIFICATE OF SERVICE

I hereby certify on this the 7th day of May, 2025, that Plaintiff intends to serve
the following Defendants at the addresses indicated below:

The Mayor of Birmingham Darrell O’Quinn

Hon. Randall L. Woodfin 710 20th St N
710 20th St N Third Floor
Third Floor Birmingham, AL 35203
Birmingham, AL 35203
Crystal Smitherman
Hon. Randall L. Woodfin 710 20th St N
c/o Office of City Attorney Third Floor
710 20th St N Birmingham, AL 35203
Room 600
Birmingham, AL 35203 Wardine T. Alexander
710 20th St N
Birmingham City Councilmembers: Third Floor
Clinton P. Woods Birmingham, AL 35203
710 20th St N
Third Floor Carol E. Clarke
Birmingham, AL 35203 710 20th St N
Third Floor
Hunter Williams Birmingham, AL 35203
710 20th St N
Third Floor Latonya A. Tate
Birmingham, AL 35203 710 20th St N
Third Floor
Valerie A. Abbott Birmingham, AL 35203
710 20th St N
Third Floor Birmingham City Council
Birmingham, AL 35203 c/o Samantha A. Chandler
City of Birmingham
Jonathan T. (“J.T.”) Moore 710 20th St N - Room 600
710 20th St N Birmingham, AL 35203
Third Floor
Birmingham, AL 35203

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Former Birmingham Water Works Dr. Monique Gardner Witherspoon

Board Members: Birmingham Water Works
Tereshia Q. Huffman Administration Office
Birmingham Water Works 3600 1st Ave N
Administration Office Birmingham, AL 35222
3600 1st Ave N
Birmingham, AL 35222 Dr. Andre McShan
Birmingham Water Works
William “Butch” Burbage, Jr. Administration Office
Birmingham Water Works 3600 1st Ave N
Administration Office Birmingham, AL 35222
3600 1st Ave N
Birmingham, AL 35222 Ivan W. Holloway
Birmingham Water Works
Thomas E. Henderson Administration Office
Birmingham Water Works 3600 1st Ave N
Administration Office Birmingham, AL 35222
3600 1st Ave N
Birmingham, AL 35222 Birmingham Water Works
Registered Agent
Raymond “Larry” Ward Macaroy Underwood
Birmingham Water Works Birmingham Water Works
Administration Office Administration Office
3600 1st Ave N 3600 1st Ave N
Birmingham, AL 35222 Birmingham, AL 35222

/s/Christopher W. Weller
OF COUNSEL

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