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
