Let's Applaud the Mississippi Court for Confirming Private Right of Action in Voting Rights Act Cases

July 11, 2024 - Brewer Storefront applauds a three-judge panel in the U.S. District Court for the Southern District of Mississippi for upholding a private right of action to sue under Section 2 of the Voting Rights Act in Mississippi State Conference of the NAACP v. State Board of Election Commissioners.

The Storefront is the community service affiliate of the law firm, Brewer, Attorneys & Counselors. The Storefront recently launched the Texas Voting Rights Initiative (TVRI).

The Mississippi judges ruled in favor of the NAACP and numerous Black voters in a case concerning Republican-drawn state legislative maps. The court properly noted that “few congressional enactments have had a more profound effect on the country than the Voting Rights Act of 1965, and a large percentage of the enforcement actions under the Voting Rights Act have been brought by private individuals…”

Mississippi falls within the Fifth Circuit Court of Appeals, which also covers Texas. Importantly, the Fifth Circuit has held that Section 2 of the Voting Rights Act does provide a private right of action, and this Mississippi three-judge panel embraces the wisdom of that holding. This right of action has been acknowledged in hundreds of cases at the federal district level, and many times at the Supreme Court. 

“The Mississippi court should be commended for validating that individuals may continue to serve as plaintiffs in Voting Rights Act cases,” Storefront Partner William A. Brewer III said. “It is critical that Black voters and other voters of color be empowered to challenge discriminatory election systems where they exist. Otherwise, these voters will be silenced and their rights suppressed.”

Late last year, a three-judge panel in the Eighth Circuit Court of Appeals found in a 2-1 decision in a redistricting case filed in Arkansas that only the federal government can bring a Section 2 voting rights challenge. That case was brought by the Arkansas State Conference NAACP and others.

“Unfortunately, judges in the Eighth Circuit removed the rights of individual voters in those seven states to bring lawsuits asserting their voting rights,” Brewer said. “We believe the private right of action should ultimately be restored in order to continue to ensure that voters of color in the United States are guaranteed a fair opportunity to elect candidates of their choosing.”

The Storefront has brought many successful voting rights cases on behalf of private individual plaintiffs; these cases spur election reform in districts across Texas and help minority communities elect the officials they choose to numerous school boards and city councils.

In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront currently has pending cases challenging at-largeelection systems used to elect school boards in the Pearland Independent School District, Humble Independent School District, and Angleton Independent School District in Texas.

Houston Chronicle Reports on Voting Rights Lawsuit Against Angleton ISD

June 27, 2024 – The Houston Chronicle reports that Brewer Storefront filed a lawsuit on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that it is violating the Voting Rights Act of 1965 and denying fair representation to Hispanic voters by using an at-large election system to elect trustees.

The article notes that Brewer Storefront is the advocacy arm of Brewer, Attorneys & Counselors. In a statement, William A. Brewer III, founder and partner at Brewer Storefront, said the at-large election system used by the district denies Hispanic voters a fair opportunity to elect school board candidates of their choosing.

“Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District," Brewer said in a statement. 

As reported, the lawsuit points to a lack of diversity among Angleton ISD’s school board and teachers, and an achievement gap between white and Hispanic students. The article reports that the lawsuit says that based on the district’s demographics, there should be at least one Hispanic board member. Jaso, a Mexican American, ran for Position 6 on the school board in May 2021 and lost to a white candidate.

"Hispanic candidates who run for the Board are disadvantaged due to the at-large voting system, which illegally dilutes the votes of ethnic minorities," the lawsuit reads. "Hispanic children, who are the majority of AISD students, are failed by this system and the Board." 

To read more, click here.

Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students

Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.

Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.

The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”

As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School.  In 2022-23, almost 76% of Westside students were Hispanic.  The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.

The lawsuit alleges that – based on the district’s demographics –one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a   Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.

“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”

Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”

In March 2024, Brewer Storefront launched the TVRI, a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront sent warning letters to 11 school districts on March 6, including Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.

“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”

As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.

Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area.

The lawsuit alleges that, “The AISD’s Hispanic population is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the CVAP.”

The lawsuit continues, “Further, Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”

Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.

“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”

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 Lewisville Independent School District in 2023, 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.  

About Brewer Storefront, PLLC:  

Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com  

Houston Landing Reports on Humble ISD Voting Rights Action

May 9, 2024 – Houston Landing reports on a Voting Rights Act lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday, alleging the election system violates the VRA by preventing Hispanic voters from electing their preferred school board candidates. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).

 Houston Landing reports that the lawsuit was brought by Bautista, a former Spanish teacher in the district. There are currently no Hispanic trustees on the board.

“Regrettably, the diverse ethnic and racial makeup of Humble ISD is not reflected in its elected Board of Trustees — who live in a cluster in the predominantly white (and higher income) areas within Humble ISD,” the lawsuit states.

The Landing reports that the suit seeks as a remedy for the court to mandate that Humble ISD adopted “single member districts.” The article mentions that the lack of Hispanic representation contributes to the district’s “achievement gap” between students of color and white students.

Read the Houston Landing report here.

Houston Chronicle Reports on Humble ISD Voting Rights Lawsuit

May 10, 2024 – The Houston Chronicle reports on a voting rights lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).

 The article notes that the lawsuit states that the district has a geographically significant Hispanic population that would allow for at least one Hispanic-majority single member district to be drawn for increased representation.

 The article notes that the lawsuit comes after the Storefront sent letters to 11 school districts in March as part of a statewide initiative to secure voting rights among Texas’ minority populations.

 Brewer Storefront Partner William Brewer told the Chronicle that the plaintiff is now taking action because "time is of the essence when people are being denied the right to fairly participate in the political process," adding that the board "indicated no meaningful willingness to bring the electoral system into compliance with the Voting Rights Act."

 Read the Houston Chronicle report here.

Lawsuit Claims Humble ISD Electoral System Violates Voting Rights Act of 1965

Dallas, Texas…May 9, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Judith Bautista against the Humble Independent School District (Humble ISD) and its trustees, alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. 

Filed in the United States District Court for the Southern District of Texas, Houston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

The lawsuit alleges that, based on the district’s demographics, one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cities Hispanic candidates who ran for the board in recent years, such as Asdrubal “Dru” Gutierrez in 2023 and Liz Diaz in 2021, who lost to white candidates. 

“Our client believes the at-large election system used by Humble ISD denies Hispanic voters a fair opportunity to elect candidates of their choosing – trustees that represent their interests, schools and communities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Judith Bautista. “The suit seeks the court-ordered adoption of a single member district voting system that allows every member of the community an equal opportunity to elect candidates of their choosing.”

In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront sent warning letters to 11 school districts on March 6, including Humble ISD, advising that they are violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least four opportunity districts for minority voters, including at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority.

“The school board refused the opportunity to avoid litigation and proactively change the election system to comply with the Voting Rights Act,” Brewer said. “Our plaintiff has stepped up in an effort to secure a fair chance for Hispanics to attain a seat on the board that oversees management of the school district, including hiring the superintendent. Such representation benefits students, schools, and communities – in the pursuit of greater opportunity for all children.”

Humble ISD is a richly diverse school district.  As of the 2022-23 school year, students of color comprised more than 70% of the Humble ISD student body and more than 38% of students were Hispanic. The district enrolls nearly 48,000 students. However, a significant “achievement gap” between Hispanic and white students, and between the lower performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the members of the Humble ISD board of trustees reside. 

According to the complaint, all individuals in the top seven highest- ranking administrative positions in the District are white – the superintendent, associate superintendent, two deputy superintendents, and three assistant superintendents.

Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area.

The lawsuit alleges that, “The Hispanic population within the Humble ISD is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the citizen voting age population.”

The lawsuit continues, “Further, the Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”

According to the lawsuit, the numbers of Hispanic voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which Hispanics are a majority.

Bautista, who is Mexican American, is the daughter of immigrants from Monterrey, Mexico, a U.S. citizen, registered voter and homeowner. Her two children attend Humble ISD schools.

She previously worked as a Spanish teacher at Humble ISD’s Summer Creek High School from 2017 to 2023. She is currently enrolled in the Hispanic Studies Ph.D. program at the University of Houston, pursuing a concentration in Latino studies. Her thesis is focused on the implementation of cultural programs in schools to promote cultural diversity and language maintenance.

Ms. Bautista’s community involvement is extensive. She has volunteered for Raíces Unidas (United Roots), an organization in Houston focused on linking the Hispanic community with essential resources. She also has volunteered with the National Hispanic Professional Organization (NHPO) in Houston.

“I am concerned about the lack of sensitivity toward equity and diversity in Humble ISD,” said Bautista, who intends to run for the school board in 2025. “Much work is needed in Humble ISD to better serve the Latino community.”

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 Lewisville Independent School District in 2023, 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.  

About Brewer Storefront, PLLC:  

Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. Visit www.brewerstorefront.com.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com  

Houston Public Media Reports on Texas Voting Rights Initiative

March 19, 2024 – Houston Public Media reports on warning letters sent by Brewer Storefront to two Houston-area school districts notifying them that their at large election systems used for electing school board trustees could be violating Section 2 of the Voting Rights Act. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.

Letters were sent to 11 Texas school districts as a part of Brewer Storefront's newly launched Texas Voting Rights Initiative. The letters request that Houston area school districts Angleton ISD and Humble ISD adopt single member district election systems that create at least one opportunity district for Hispanic voters. 

The article notes that Brewer Storefront has brought several Voting Rights Act challenges against school districts and municipalities in Texas.

The article notes that, “Brewer Storefront, which has made legal challenges that prompted similar changes at five school districts in the Dallas area, said a lack of diversity and equitable geographic representation on school boards can result in disenfranchised voters, underfunding and achievement gaps for both schools and their individual students.”

The article reports that Sergio Lira, a Houston League of United Latin American Citizens (LULAC) leader,  praised Brewer Storefront for highlighting Texas school districts that could have more equitable and reflective representation on their boards. 

Houston Public Media quoted Brewer Storefront Chairman William A. Brewer III stating that, "We urge these school districts to take proactive steps in adopting election systems that comply with the Voting Rights Act and create districts that give voters of color a fair opportunity to participate in the electoral process. We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing."

Read more here.

Houston Chronicle Reports on Texas Voting Rights Initiative

March 15, 2024 – The Houston Chronicle newspaper reports on Brewer Storefront and its newly announced Texas Voting Rights Initiative. The article notes that the Storefront sent warning letters to two school districts in the Houston area – Humble Independent School District and the Angleton Independent School District.

The letters accuse the school district of violating the Voting Rights Act with their current at large system of electing trustees in May. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors. The article noted that the letters said each school district could have at least one Hispanic opportunity district, where the Hispanic voting population makes up more than 50% of the district’s residents, adopt a single member district election system and move elections to November, when there is higher voter turnout.

Partner William Brewer III told the Chronicle that the letters represented “pleas to do the right thing.” He added, “It’s an age-old story: white dominated school boards, despite the fact that the majority of users of the service are the ones who have no representation.”

He added that the initiative will expand to other districts in the state and that, “We started here, (but) it’s not where we hope it ends.”