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

The Dallas Morning News, Other Media, Report on Brewer Storefront Voting Rights Case

On April 12, 2022, The Dallas Morning News and other local media reported on the Brewer Storefront lawsuit alleging that the at-large election system used to elect Lewisville ISD trustees violates the Voting Rights Act of 1965 because it denies fair representation to voters of color.

The Dallas Morning News published an article on the filing on the front page of the Metro & Business section of the newspaper on April 13. The Morning News reported that plaintiff Paige Dixon, who is African American and ran for the LISD school board, filed the suit.

The article quoted the lawsuit: “Ms. Dixon believes that the change from the at-large voting system to either a single-member districts or a cumulative voting system will empower people of color to run for Trustee positions, inspire greater electoral participation, and lead to a more equitable system of representation.”

Community Impact also reported on the filing, and quoted William Brewer speaking about the case.

“Our client represents a large number who believe the at-large election system used by Lewisville ISD illegally denies citizens of color a fair opportunity to elect candidates of their choosing—trustees that represent their interests, schools and communities,” Brewer said. “Clearly, the school board should adopt an electoral process, which allows minority voters and community members to fairly participate in this vibrant, multiracial school district.”

NBC DFW also published a report on the filing.

The Dallas Morning News Reports on Brewer Storefront Voting Rights Case

On March 27, 2020, The Dallas Morning News reported on a Brewer Storefront Voting Rights Act lawsuit moving forward toward trial. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.

The article reported that a federal judge "refused to throw out a voting rights lawsuit against the Frisco school district, allowing the case to move forward to trial. The lawsuit alleges that the district's election system is discriminatory against minority candidates because school trustees are elected at-large to represent all of the district."

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Brewer Storefront News Release: Judge Allows Lawsuit Alleging Frisco ISD Electoral System Violates Voting Rights Act of 1965 to Proceed

Dallas, Texas…March 24, 2020 – In a critically important ruling, U.S. District Judge Amos L. Mazzant of the Eastern District of Texas denied a motion by the Frisco Independent School District (FISD) for summary judgment on March 23 – clearing the way for a Voting Rights Act lawsuit to proceed to trial.

The action filed by Brewer Storefront on behalf of plaintiff Suresh Kumar is one of the highest profile cases of its kind, as electoral bodies across North Texas come under greater scrutiny for allegedly utilizing unconstitutional voting schemes.

Brewer Storefront filed suit in federal court on April 16, 2019, on behalf of plaintiff Kumar against FISD and its trustees, alleging that the school district’s at-large election system violates the Voting Rights Act of 1965.

The lawsuit claims that the school district’s at-large voting system denies Kumar an opportunity equal to that of white voters to elect representatives of his choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.

“This decision underscores what we have believed all along – the voting scheme utilized by Frisco ISD violates the Voting Rights Act and denies minority voters the opportunity to elect a candidate of their choosing,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Suresh Kumar. “We are eager to get to trial and bring the facts of this case into full view.”

Under the current electoral system, FISD’s seven school board members are elected at large. Candidates run for specific places but do not represent a specific geographic area. The lawsuit claims the at-large; system unlawfully dilutes minority votes and allows the white voting bloc to determine the winner of every election.

In his ruling, U.S. District Judge Mazzant wrote that, “After a careful review of the record and the arguments presented – including Defendants’ Supplement to Defendants’ Motion for Summary Judgment – the Court is not convinced that Defendants have met their burden demonstrating that there is no material issue of fact as to Plaintiff's claims entitling them to judgment as a matter of law. Accordingly, the Court finds that Defendants' Motion for Summary [Judgment] should be denied."

A trial date is not yet set in this case, but a date may be set at a pretrial conference with the judge on March 31. On March 20, 2020, Brewer Storefront filed a second amended complaint in the lawsuit.

Six Asian candidates and two Hispanic candidates ran unsuccessfully for the FISD board over the four years prior to the filing of the lawsuit. All eight of the candidates of color lost to a white opponent in those FISD board elections. The only minority (Asian) candidate to prevail in an election was elected in May 2019 following the filing of the voting rights lawsuit. Six of seven FISD trustees are White.

FISD is an increasingly diverse school district. As of January 2020, the district reported enrolling 63,015 students, almost 59% of whom are students of color. FISD’s student enrollment is approximately 41.2% White, 29.3% Asian, 13.5% Hispanic, 11.1% African American and 4.2% multiracial (two or more races).

The lawsuit alleges that, “Minority-preferred candidates face a White voting bloc that represents nearly 67% of FISD’s Citizen Voting Age Population. The at-large system allows racially polarized voting within FISD to dilute minority votes and allow a plurality of White votes to block minority candidates from virtually every trustee seat in the District.”

The lawsuit alleges that unless the court directs FISD to design a single-member district or cumulative voting system, the current discriminatory system will persist.

The lawsuit states that, “Unfortunately, the Board has not accepted that as part of a booming suburban community, it must adapt to the dynamic reality of today and adopt an election system that encourages greater participation of all citizens and secures equality at the ballot box.”

Kumar, the plaintiff, is a Certified Public Accountant who is active in local civic affairs. A resident within Frisco ISD, Kumar has two daughters who have attended FISD schools. Kumar is an Asian American who moved from India to the United States in 1994. 

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

Lake Highlands Advocate Reports on Positive Impact of Brewer Storefront Voting Rights Case

On February, 19, 2020, the Lake Highlands Advocate reported on increased diversity among Richardson ISD (RISD) school board members following a Brewer Storefront voting rights lawsuit brought on behalf of plaintiff and former RISD board member David Tyson. A settlement reached with RISD established a new election system including five single member districts, of which two districts are minority “opportunity” districts. The Storefront is the Brewer firm’s community service legal affiliate.

 The article reported that Regina Harris, who is African American, was elected to the District 4 opportunity district, which includes the historic Hamilton Park neighborhood in November 2019. Debbie Renteria, who is Hispanic, filed for the District 3 opportunity district seat and will be taking that seat in May 2020.

 Tyson reflected on the additions of Harris and Renteria to the board: “My part is finished. We’ve achieved what we sought.’ What we wanted was opportunity for people of color to feel comfortable running. Winning is equally important, but they first have to feel comfortable enough to run. I have always said we needed to have black and brown representation on the board. I’ve put my reputation on the line and my business on the line. My job now is finished.”

Tyson also reflected on the lawsuit: ““I expected to win…because attorneys at Brewer Storefront had a track record in Grand Prairie, Irving and Carrollton-Farmers Branch, and they wouldn’t have taken the case if they didn’t think they had a reasonable chance of winning.”

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