Decision “Leaves the Door Open” for Future Plaintiffs to Bring VRA Cases – No Matter Their Ethnicity
March 14, 2023 – The Brewer Storefront and Voting Rights Act plaintiff Frank Vaughan scored an important victory in an appeal to the U.S. Court of Appeals for the Fifth Circuit that may change the landscape of the Voting Rights Act.
The Storefront argued that Vaughan, a white man, had standing to bring a case challenging an at-large voting system in Lewisville Independent School District (LISD), which diluted the votes of minority members of the community. Filed in 2019, the case sought to “extend the law” – allowing citizens, no matter their ethnicity, to bring a lawsuit under Section 2 of the Voting Rights Act to address voter dilution.
The LISD School Board utilizes an “at-large” voting system – which allegedly dilutes the votes of non-whites in an increasingly minority school district. LISD argued Vaughan lacked standing and failed to create a genuine issue of material fact, as Vaughan “is not a member of any minority group he seeks to advocate for in his lawsuit (i.e., Asian, Black or Hispanic).”
The district court dismissed the case. LISD argued Vaughan’s lawsuit was frivolous, moved for sanctions, and was awarded almost $50,000 in attorneys’ fees.
The Storefront appealed, arguing Vaughan’s standing argument was no only meritorious, but that there was no precedent to foreclose Vaughan’s legal argument. Vaughan sought to establish a new legal standard – advocating that he did have standing as an aggrieved party residing within LISD. The Storefront successfully argued that sanctions were unwarranted. In an opinion, dated March 9, 2023, the Fifth Circuit confirmed there is no legal precedent barring Vaughan from pursuing a Voting Rights Act case.
The Storefront is the legal community service affiliate of Brewer, Attorneys & Counselors.
Writing for the Fifth Circuit, Circuit Judges Patrick E. Higginbotham, S. Kyle Duncan, and Kurt D. Engelhardt, stated, “We conclude that sanctions against Vaughan were unwarranted because precedent in this circuit does not squarely foreclose his legal argument and because he sought to extend existing law. [The] argument is not sanctionable simply because the district court concluded it was wrong, particularly given the ongoing evolution in courts’ views on standing in redistricting cases.”
“We achieved a primary goal in this case: to unsettle the view on standing adopted by the trial court, which denied a citizen the right to pursue a Voting Rights Act case,” says William A. Brewer, counsel to Mr. Vaughan and partner at Brewer Storefront. “In our view, Mr. Vaughan’s lawsuit had merit – and we applaud him for having the courage to pursue it.”
Brewer adds, “The Fifth Circuit wisely left the door open for future plaintiffs – of any ethnicity – to carry on this type of pursuit. We believe voting systems work best when they are more inclusive, giving everyone a voice in the electoral process.”
LISD has undergone dramatic demographic change in recent decades. About 25 years ago, approximately 84% of the district’s students were white, according to the Texas Education Agency. Whites now make up 41.3% of the enrollment; Hispanic students nearly 30%; Asian-American students about 14%; and Black students 10.7%.
Joining Mr. Brewer in this matter were associate Cory Ford and Public Affairs manager Katherine Leal Unmuth.
Founded in 1995, the Storefront the Storefront handles individual matters that often establish legal precedent and make a long-term, positive impact on the community at large.
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions. The Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.