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Brewer, Attorneys & Counselors is dedicated to upholding the promise of the Voting Rights Act (VRA) of 1965 and has a long history of bringing successful lawsuits on behalf of Latino and African American voters across North Texas.
The Brewer Storefront, the firm’s community service affiliate, has successfully brought pro bono lawsuits against school districts and city council election systems that are in violation of the Voting Rights Act. The lawsuits are brought under Section 2 of the Act, which prohibits voting practices and procedures that discriminate against voters based on race, ethnicity, or language.
The lawsuits challenge mostly at-large election systems and some unfairly drawn single-member districts. They charge that such systems denied voters of color a fair opportunity to meaningfully participate in the electoral process and elect school board representatives or city council members of their choosing.
The lawsuits argued that the election systems allowed white voters to vote as a bloc and deny political opportunity to voters of color and their favored candidates.
The Scorecard – A Record of Positive Outcomes
Our advocacy often results in the creation of single-member districts that afford minority voters a fair opportunity in the election process, giving voters a stake in the political process.
At trial, the Storefront has used demographics and voting experts to demonstrate that electoral districts could be drawn with a majority of Latino U.S. Citizens of Voting Age Population (CVAP). They proved the Latino and/or African American population in each community was significantly large and compact enough to constitute a majority in a district.
Furthermore, attorneys and experts demonstrated in several cases that the existing flawed election systems consistently resulted in the defeat of candidates favored by voters of color by white (non-Hispanic) candidates. The lawsuits were resolved at trial or with settlements, usually resulting in the creation of single-member districts with a Latino majority CVAP.
The lawsuits and subsequent redrawn election systems have resulted in greater diversity on the elected boards of many of the impacted communities. In the school district cases, the districts already served student bodies where students of color made up the majority of students enrolled.
The Storefront secured trial victories in the U.S. District Court for the Northern District of Texas in voting rights lawsuits brought against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009.
Lawsuits also resulted in settlement agreements and adjusted election systems in the Richardson Independent School District in 2019, the Carrollton-Farmers Branch Independent School District in 2015, the City of Grand Prairie in 2015, and the Grand Prairie Independent School District in 2014.
“These verdicts and outcomes represent a victory for voters of color who seek a voice in the political process. These communities are representatives of the changing demographics across the United States. We hope these cases are instructive to other municipalities and school districts that deny minority populations the opportunity for fair representation.”
After a majority-Latino single-member district was created in Farmers Branch following a trial victory, voters elected the first Hispanic to the City Council in city history, Ana Reyes.
“Together, we can do great things and move forward,” Reyes told The Dallas Morning News after her historic win.
Key Representative Cases
The following are key voting rights cases all filed in the U.S. District Court for the Northern District of Texas that resulted in progress:
Paige Dixon v. Lewisville Independent School District, et al. (Filed in 2022): Brewer Storefront filed suit in the U.S. District Court for the Eastern District of Texas on behalf of plaintiff Paige Dixon against the Lewisville Independent School District (LISD) and its trustees, alleging that the school district’s at large election system violated the Voting Rights Act of 1965 because it denies fair representation to voters of color. In August 2023, the Storefront announced a settlement with LISD resolving all claims and resulting in a new electoral system consisting of five single-member districts and two at-large seats. The new election system includes one single-member district comprised of a majority of eligible minority voters. Dixon, who is African American, is an active member of her community, a U.S. Army combat veteran, and a mother of two children who have attended LISD schools. She previously served as PTA President at Rockbrook Elementary School in Lewisville ISD from 2017 to 2021. She ran for Place 1 on the LISD school board in May 2021 and lost. In 2020, a similar lawsuit against LISD brought by the Storefront was dismissed by a judge who found that the plaintiff, Frank Vaughan, who is white, lacked standing. That decision did not speak to the merits of the argument or whether LISD’s voting system complied with the Voting Rights Act.
David Tyson, Jr. v Richardson Independent School District, et al. (Filed in 2018): In January 2019, the Storefront settled Voting Rights Act and Texas Open Meetings Act lawsuits brought against the Richardson Independent School District filed on behalf of plaintiff and former Richardson ISD school board trustee David Tyson, Jr. The settlement results in greater political opportunity by replacing the district’s at-large election system with a new system consisting of five single-member districts and two at-large districts. The new election system also includes two single-member districts, each comprised of a majority of eligible minority voters. The Richardson ISD school board additionally agreed to complete training to help ensure its compliance with the Texas Open Meetings Act at an open board meeting in 2019. In November 2019, voters elected Regina Harris as District 4 trustee. Harris is the first African American woman to serve on the RISD board. In May 2020, Debbie Rentería was sworn in as District 3 trustee, becoming the first Hispanic to ever serve on the RISD board.
Ramos v. Carrollton-Farmers Branch Independent School District, et al. (Filed in 2015): The Storefront filed suit against the Carrollton-Farmers Branch Independent School District challenging the at-large election system. Plaintiff Guillermo Ramos is a graduate of the district’s Newman Smith High School, and grew up attending district schools. At the time, the school district enrollment was about 55 percent Latino, but there were no Latinos on the seven-member board. The lawsuit claimed that since at least 1995, bloc-voting by whites resulted in the defeat of every Latino candidate.
In September 2015, the Storefront announced that a settlement had been reached. The settlement included replacing the at-large election system with a cumulative voting system. In a cumulative system, voters receive as many votes as there are seats in an election, and may distribute those votes as they wish. As a part of the settlement, one member resigned and Ramos joined the board. In May 2016, Ramos was elected to the board under the new cumulative system. Candace Valenzuela, who is Mexican American and African American, was also elected to the board in May 2017.
Rodriguez v. The City of Grand Prairie, et al. (Filed in 2015): The lawsuit filed on behalf of plaintiff Victor Rodriguez argued that the Grand Prairie City Council election system of six single-member districts and two at-large districts violated the Voting Rights Act. At the time, the eight City Council members and mayor were all white, although the population was almost 43 percent Latino as of the 2010 Census. The lawsuit claimed that since 1990, bloc-voting by white voters resulted in the defeat of every Latino candidate. In July 2015, the City Council agreed to settle the lawsuit and redraw district boundaries with greater opportunity for Latino voters in Districts 3 and 5. The District 3 seat has since been held by a Latino representative, Mike Del Bosque.
Rodriguez v. Grand Prairie Independent School District, et al. (Filed in 2013): The Storefront filed suit against Grand Prairie ISD on behalf of resident Victor Rodriguez. Since 1999, only one Hispanic candidate had been elected to the board by defeating a white candidate. In that time period, bloc-voting by white voters resulted in the defeat of at least four other Hispanic candidates. The parties reached a settlement in September 2014, establishing a new election system with five single-member districts and two at-large districts. The new election system included two single-member districts wherein a majority of eligible voters are Latino U.S. citizens. In May 2015, Hispanic candidate David Espinosa defeated an incumbent and was elected to District 5, one of the newly established Hispanic opportunity districts.
Manuel A. Benavidez v. Irving Independent School District, et al. (Filed in 2013): Plaintiff Manuel Benavidez, a Mexican-American who had unsuccessfully run for the Irving Independent School District board, challenged the district’s 5-2 election system. The district used an election system with five single-member districts and two at-large seats. Following a three-day bench trial in July 2014, U.S. District Judge Sidney A. Fitzwater ruled that the Irving Independent School District’s system of electing school board trustees violated the Voting Rights Act and denied fair representation to Latino voters. The 5-2 system was created after Benavidez sued the district in a prior voting rights lawsuit brought by the Storefront in 2008. Judge Fitzwater ruled that despite the school district’s contention, District 6 was not a sufficiently drawn single-member district containing a majority of eligible Hispanic voters, and therefore was not a true “opportunity” district. The Storefront successfully argued that the district used misleading data to craft the district and counted Hispanics who were not U.S. citizens and were therefore ineligible to vote. Following the decision, the Irving ISD voted to convert to an election system with seven single-member districts, including a Hispanic “opportunity” district comprised of a majority of Hispanic eligible voters.
Maria Fabela, et al., v. City of Farmers Branch, et al. (Filed in 2010): Plaintiffs alleged that the City of Farmers Branch at-large election system for city council members denied Hispanic voters the opportunity to meaningfully participate in the electoral process. At the time, the city’s population was more than 45 percent Hispanic, but no Latino had ever been elected to the city council. A three-day bench trial was held in June 2012.
In August 2012, U.S. District Judge Sidney A. Fitzwater ruled in favor of plaintiffs and wrote in part that, “Plaintiffs have proved, under the totality of the circumstances, that Hispanics in Farmers Branch have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” The ruling resulted in five single-member districts, including the creation of the Latino opportunity District 1 seat later held by the city’s first Hispanic elected council member, Ana Reyes. The District 1 seat is now hold by Cristal Retana.
Manuel A. Benavidez v. City of Irving, et al. (Filed in 2007): The lawsuit brought by plaintiff Manuel Benavidez alleged that the City of Irving’s at-large election system violated the Voting Rights Act. Following a four-day bench trial in February 2009, U.S. District Judge Jorge A. Solis ruled in July 2009 that the at-large City Council election system violated the Voting Rights Act. As a result, the Council changed its election system to one with six single-member districts and two at-large seats.
Related News
“Voting Rights: What Ferguson Can Learn From North Texas Suburbs,” Texas Lawyer
Ana Reyes Becomes First Hispanic Elected to Farmers Branch City Council,” The Dallas Morning News
“Farmers Branch Ordered to Create Single-Member City Council District,” The Dallas Morning
“Grand Prairie ISD settles suit, will adopt single-member voting plan,” The Dallas Morning News
“Irving ISD Board Votes for new districts, no more at-large seats,” The Dallas Morning News
Regina Harris elected to RISD school board,” Lake Highlands Advocate
