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In 2014, the Brewer Storefront, the firm’s community service affiliate, prevailed in an almost eight-year campaign to oppose the unconstitutional “immigration ordinances” adopted in the City of Farmers Branch, Texas.
On March 3, 2014, the United States Supreme Court denied certiorari of an appeal by the City. The decision marked the end of a successful campaign by the Brewer Storefront to challenge multiple versions of the city’s immigration ordinance – bringing to a close a case that captured national headlines.
TAKING A STAND
The Storefront had successfully opposed several versions of the ordinance since 2006.
The City of Farmers Branch had appealed an en banc opinion issued on July 22, 2013, by the U.S. Court of Appeals for the Fifth Circuit that affirmed a trial court decision striking down the city’s third attempt at the immigration ordinance.
The ordinance would have required renters in Farmers Branch to register their presence with the city and prove that they were legal residents in order to retain an occupancy license. The ordinance came under fire for being unconstitutional and discriminating against the Latino community.
The courts repeatedly agreed with the Storefront’s central argument that the ordinances were preempted by federal law and unconstitutional because they attempted to regulate immigration, which can only be performed by the federal government.
The City of Farmers Branch requested an en banc rehearing in April 2012, and arguments were heard before the full court in September 2012.
The en banc decision came more than a year after a three-judge panel of the Fifth Circuit affirmed the same lower court ruling. In an opinion filed on March 21, 2012, Judge Thomas Reavley wrote, “We conclude that the ordinance’s sole purpose is not to regulate housing but to exclude undocumented aliens, specifically Latinos, from the City of Farmers Branch and that it is an impermissible regulation of immigration.”
In March 2010, United States District Judge Jane Boyle ruled that Ordinance 2952 was unconstitutional and issued a permanent injunction barring the enforcement of the ordinance. Ordinance 2903, the predecessor to Ordinance 2952, was previously ruled unconstitutional by United States District Court Judge Sam Lindsay.
LASTING IMPACT
The Farmers Branch decision has dissuaded other communities throughout the nation from considering similar unconstitutional – and discriminatory – measures.
In addition to the federal court actions alleging the ordinance was unconstitutional, the Storefront pursued state court actions alleging that the city violated the Texas Open Meetings Act. The Storefront also helped lead a community awareness campaign about the ordinance.
The Storefront also won a landmark victory against Farmers Branch in August 2012, when United States District Court Judge Sidney Fitzwater ruled that the city violated the Voting Rights Act of 1965 by using an at-large voting system to elect its City Council.
The victory resulted in the creation of five single-member districts, including one district with a Latino majority. On May 12, 2013, Latina candidate Ana Reyes was elected to the Farmers Branch City Council by a decisive margin.
In 2015, Texas Lawyer recognized the Brewer Storefront as a “Litigation Department of the Year” for its efforts in Farmers Branch.
