Brewer Storefront Launches Texas Voting Rights Initiative; Calls on Communities to Comply With Voting Rights Act of 1965

March 7, 2024, Dallas, Texas…The Brewer Storefront today announced the launch of the Texas Voting Rights Initiative (“TVRI”), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act of 1965 (“VRA”). The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The TVRI will continue to analyze voting systems used for electing school board trustees and city council members across Texas, advance written scholarship, and pursue legal action to uphold and strengthen voting rights.  

The TVRI is supported by the Brewer Storefront, the public service legal affiliate of the national litigation firm Brewer, Attorneys & Counselors. Since its establishment in 1995, the Storefront has brought numerous successful voting rights lawsuits on behalf of Latino, African American and Asian voters across North Texas.

“The Texas Voting Rights Initiative will promote democratic principles and voter equality at an important time,” said William A. Brewer III, chairman of the Storefront. “We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing.”    

Why It Matters – Equality and Opportunity in Education

A lack of diversity and equitable geographic representation on school boards often leads to underfunded schools, school and student achievement gaps, and disenfranchised voters.

In Texas, a considerable academic achievement gap still exists between white and minority students. In 2023, 64% of white students met grade level across all grades and subjects tested on the STAAR exam, compared to 42% of Hispanic students and 36% of African American students who met grade level. Given this disparity, Brewer Storefront believes the communities of color that Texas school districts educate deserve fair representation on elected school boards.

The need for a statewide voting rights initiative in Texas is critical, given its status as the nation’s second largest state, with a population exceeding 30 million people. Texas is a majority-minority state, with Hispanics as its largest population group. Despite this, many elected bodies, including local school boards and city councils, fail to reflect the state’s demographics, especially as voters of color continue to make up an increasing share of the electorate.

The TVRI’s initial focus is on school boards since as of last year, nearly three-quarters of the students enrolled in Texas public schools were children of color, and about 53% of all students were Hispanic.

The Storefront has successfully challenged many at-large election systems and inequitably drawn single-member districts. Through lawsuits filed under the Voting Rights Act, these challenges have argued that such systems deprive voters of color of a fair opportunity to meaningfully participate in the electoral process and to elect school board representatives or city council members of their choosing.   

The Storefront pursues its voting rights cases under Section 2 of the Voting Rights Act, which prohibits voting practices or procedures that discriminate based on race, color, or membership in a language minority group.   This advocacy frequently results in the establishment of single-member districts, ensuring minority voters have a fair opportunity in the electoral process and enabling them to actively participate in shaping the political landscape.

Following its assessment, the TVRI, through the Storefront, issued warning letters to 11 Texas school districts alleging violations of the Voting Rights Act. The school districts are Alamo Heights Independent School District, Angleton Independent School District, Arlington Independent School District, Corsicana Independent School District, Dumas Independent School District, Eagle Mountain-Saginaw Independent School District, Garland Independent School District, Humble Independent School District, Lufkin Independent School District, New Braunfels Independent School District, and Texarkana Independent School District.

“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,” Brewer said. “Elected school boards should reflect the diversity of the communities they serve.”

The letters request that the school boards in these districts take corrective actions and implement opportunity districts where a majority of eligible voters are Hispanic or African American.

The Storefront previously achieved winning outcomes in Voting Rights Act cases with the Lewisville Independent School District in August 2023, Richardson Independent School District in 2019, Carrollton-Farmers Branch Independent School District in 2015; City of Grand Prairie in 2015; Irving Independent School District in 2014; Grand Prairie Independent School District in 2014; City of Farmers Branch in 2012; and City of Irving in 2009. These school districts and city councils now utilize remodeled voting systems.   

 Contact:  

Katherine Leal Unmuth  

Brewer Storefront Associate Director

214.653.4832  kunmuth@brewerattorneys.com

Dallas Morning News Publishes Brewer Op-Ed on Voting Rights Act Decision

December 4, 2023 — The Dallas Morning News published an op-ed in the Opinion section Monday by partner William A. Brewer III about a new court decision that poses a threat to the Voting Rights Act. The opinion piece, “A dangerous precedent for the Voting Rights Act,” reflects the Brewer Storefront’s continued dedication to enforcing and upholding the Voting Rights Act in Texas communities. The Storefront is the firm’s community-service legal affiliate.

The commentary follows:

Just months after the U.S. Supreme Court upheld Section 2 of the Voting Rights Act, which safeguards against voting schemes that demonstrably dilute the votes of minorities, the law is again under attack.

Recently, a three-judge 8th Circuit Court of Appeals panel ruled 2-1 in a redistricting case filed in Arkansas, that only the federal government can bring a Section 2 voting rights challenge, thereby denying individuals and civil rights groups the right to file lawsuits challenging discriminatory election systems.

The lawsuit brought by the Arkansas State Conference NAACP and others alleges that a proposed redistricting map for the Arkansas House of Representatives denies Black voters an equal opportunity to elect candidates of their choice.

The decision is binding in seven states. The risk is obvious. North Dakota, one of the states covered by the decision, intends to appeal a recent federal judge’s ruling that protected Native American voting rights in the state after tribes and tribal members sued last year seeking a joint majority Native American state House district. State leaders are already seeking to leverage their self-interests over that of Native voters.

The 8th Circuit decision, if affirmed by the Supreme Court, could potentially lead to voters of color across the country being denied any ability to challenge voting systems that overtly deny fair representation.

Section 2 of the Voting Rights Act prohibits voting practices that discriminate based on race, color or membership in a language minority group. Since its passage in 1965, most Section 2 cases concern voters of color filing lawsuits that challenge at-large election systems, arguing that they deny voters of color a fair opportunity to elect candidates of their choosing. By an overwhelming margin, private plaintiffs (individual voters and groups), not the government, bring most Section 2 cases.

The 8th Circuit panel ruling in Arkansas State Conference NAACP vs. Arkansas Board of Apportionment reflects bad jurisprudence and poor historical research. Even worse, it is a potentially damaging outcome for the nation. Since 1965, the Voting Right Act has served as an important tool to protect the votes of those excluded from power by voting systems that deliver power to the few — and keep it from the many.

The Voting Rights Act is particularly relevant in Texas, where the population continues to diversify while, at the same time, elected bodies such as school boards and city councils employ voting schemes that frustrate outcomes that mirror the state’s demographics. Census figures reveal this year that Hispanics make up the largest share of the population in Texas, and yet this reality is not reflected among the political leadership on local and statewide elected bodies.

If this decision stands, it will leave only the U.S. Department of Justice and U.S. Attorney General empowered to bring cases, denying eligible voters the right to challenge their local election systems in court. We know that private lawsuits brought by citizens whose community employs inequitable voting schemes have compelled positive change.

In his dissent in the Arkansas ruling, 8th Circuit Chief Judge Lavenski Smith writes, “Rights so foundational to self-government and citizenship should not depend solely on the discretion or availability of the government’s agents for protection.” Smith is a 2002 George W. Bush appointee, and is African American.

He added that the private plaintiff issue is best left to the Supreme Court.

Importantly, in June 2023, the Supreme Court upheld Section 2 of the Voting Rights Act in a 5-4 vote in Allen vs. Milligan, which was brought by private plaintiffs to protect Black voters.

Our firm is familiar with the importance of the private right of action. Our community service legal affiliate, the Brewer Storefront, has brought numerous voting rights cases in Texas challenging at-large election systems on behalf of Hispanic, Black, Asian and white plaintiffs.

The successful cases have resulted in revamped election systems, often by way of the creation of geographically drawn single-member district seats that include the creation of minority “opportunity” district seats where minority voters make up a majority.

Most importantly, these cases have created a pathway of opportunity: They have resulted in greater representation of minority voters and the election of minority candidates across North Texas.

For example, a Richardson Independent School District voting rights case brought by Brewer Storefront resolved in 2019 resulted in a previously all-white school board becoming majority-minority, better reflecting the majority-minority students the school district educates.

David Tyson, plaintiff in the Richardson ISD case, is a former RISD board member and the first Black American to ever serve on the board. He bravely stepped forward to sue. Tyson was honored this year by the Texas Legislature for his contributions to Richardson, following his voting rights achievement.

Yet, if this 8th Circuit ruling prevails, Tyson’s voice would have been silenced. The inequities of the voting system he challenged would remain today, to the detriment of schools, students and the broader community.

Removing the right of private individuals and organizations to sue under the Voting Rights Act would undermine the civil rights of voters not only in Texas, but nationally. Voting rights are central to civil rights in our democracy. We should fight to protect them at all costs.

Dallas Morning News Publishes Brewer Letter on Voting Rights Act

June 15, 2023 —The Dallas Morning News published a letter to the editor from partner William Brewer praising the U.S. Supreme Court’s recent decision upholding Section 2 of the Voting Rights Act.

The letter text follows:  

The U.S. Supreme Court decision to uphold Section 2 of the Voting Rights Act is a major civil rights victory that should be of interest to everyone in North Texas. In a 5-4 vote, the court found in favor of Black voters in an Alabama congressional redistricting case. The decision underscores the role the act plays in ensuring fair representation to voters of color.

Many successful Section 2 Voting Rights Act lawsuits in North Texas have resulted in more equitable voting systems and the election of minority school board trustees and City Council members. There seems to be a misinformed movement that argues racial discrimination no longer plagues our electoral processes. But voting in many communities continues to be racially polarized, as white voters typically support white candidates — to the exclusion of minority candidates.

As Texas communities become more diverse, the need for more representative local governments and school boards becomes more acute. There is an urgent need to replace antiquated and discriminatory at-large electoral systems. We should remember the words of Congressman John Lewis, who called voting the most powerful non-violent tool we have in a democracy.