Law360 Publishes Expert Analysis by William Brewer on Threat to the Voting Rights Act

January 19, 2024 – Partner William Brewer writes in Law360’s “Access to Justice” section about a split among circuit courts regarding private citizens’ ability to sue under Section 2 of the Voting Rights Act (VRA). Section 2 of the VRA prohibits voting practices and procedures that discriminate on the basis of race, color or membership in a language minority group.

“If allowed to stand, the ruling imperils the ‘foundational’ right to self-government and creates a split among circuit courts regarding the standing of private citizens’ ability to sue – casting doubt on the future protection of voting rights in the United States,” Brewer writes.

He writes that while the Supreme Court upheld the VRA in Allen v. Milligan in June 2023, a ruling by the Eighth Circuit in Arkansas State Conference NAACP v. Arkansas Board of Apportionment threatens the VRA by finding that only the federal government can bring Section 2 VRA cases, not individuals and groups. Days before the Eighth Circuit decision, the Fifth Circuit affirmed the existence of a private right of action in Robinson v. Ardoin, creating the circuit court split.

Brewer emphasizes that since Section 2’s passage, hundreds of suits have been brought by private citizens serving as plaintiffs.

“If the case proceeded to the Supreme Court and the court were to rule that there is no private right of action, it would gut Section 2 and offer voters of color no individual power to seek remedies under the law. Such a ruling would nearly destroy the VRA,” Brewer writes.

Brewer concludes by urging that the private right of action must be clarified and that, “The prioritization of fairness and equal access to the voting process should ultimately prevail – to protect the rights of private plaintiffs and the freedoms that define our democracy.”

Read the article here.

Associate Malvina Palloj and Brewer Storefront Associate Director Katherine Leal Unmuth contributed to the article. The Storefront is the Brewer firm’s community service affiliate and has brought many successful Section 2 VRA cases in North Texas.

Lewisville Independent School District Agrees to Provide District with Greater Political Opportunity

August 18, 2023 – The Brewer Storefront (“Storefront”) announced a settlement with the Lewisville Independent School District (“Lewisville ISD”) of the Voting Rights Act lawsuit it filed against the school district last year on behalf of plaintiff Paige Dixon. The outcome comes nearly three years after the Storefront sued Lewisville ISD under the Voting Rights Act. The Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors.

The agreement resolves all claims against Lewisville ISD.  All seven members of Lewisville ISD’s school board are currently elected at-large. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts. The new election system will include at least one single-member district comprised of a majority of eligible minority voters – paving the way for greater political opportunity in one of the largest and most diverse school districts in North Texas. 

“This is an important outcome for our client, the school district, local voters, and all who believe our political systems work best when they are inclusive,” says William A. Brewer III, partner at Brewer Storefront. “We applaud the Lewisville ISD school board for agreeing to adopt an electoral system that provides voters of color a fair opportunity to elect candidates of their choosing. We hope the board’s actions are instructive to other school boards and elected bodies.”

Eligible voters residing in each of the five single-member districts will vote for candidates running in that district in which the candidates also reside. The candidates who run for the two at-large seats may live anywhere within the school district. A public hearing to discuss the framework is scheduled for August 28, 2023.

Lewisville ISD is a very diverse school district. According to the Texas Education Agency, as of the 2021-22 school year, the school district enrolled 49,113 students. The majority-minority student body was 36.6% white, 30.7% Hispanic, 15.7% Asian, 12% African American, and 4.6% two or more races. About 33.6% of students were economically disadvantaged and 19.6% were English learners.

This lawsuit had become among the most closely followed cases of its kind. In 2020, a similar lawsuit against LISD 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.

“I applaud the pursuit of the prior case – in the interest of the school system and the community it serves,” says Dixon, who is African American. “I appreciate the work of the Storefront and its commitment to this issue, even as it had to travel a long road to secure this outcome. The school board’s decision to change the election system is admirable as well, especially to those of us who believe in the promise of LISD and its future generations. A new day has finally arrived at LISD.”

The Brewer Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in 2019, Carrollton-Farmers Branch Independent School District in 2015, Irving Independent School District in 2014, and the Grand Prairie Independent School District in 2014. Those school districts now utilize remodeled voting systems to elect school board trustees. The Storefront also secured trial victories in Voting Rights Act cases against the City of Grand Prairie in 2015, 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.

Joining Brewer in representing Ms. Dixon were Senior Associate Gizem Petrosino, Associate Malvina Palloj, and Public Affairs Manager Katherine Leal Unmuth.

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.