voting rights

NBC DFW Reports on Voting Rights Settlement, Brewer Storefront

August 23, 2023 – NBC DFW reported on Brewer Storefront reaching a positive outcome with the Lewisville Independent School District (LISD) in a voting rights lawsuit against the district. NBC interviewed Dallas Morning News education reporter Talia Richman about the case and its importance to the community.  

Richman noted that the lawsuit alleged the school board’s at large elections resulted in a primarily white Lewisville ISD school board and denied some people of color the opportunity to elect candidates of their choosing. Richman stated that, “The law firm, the Brewer Storefront, has been taking these cases on in suburban districts across North Texas.” She mentioned how the Storefront has brought Voting Rights Act lawsuits against the Richardson and Irving school districts and, “a whole host of districts, that all employed this at large system saying instead of having everyone elect each seat you should have districts based on where you live.” Those school districts and others adopted election systems that included single member districts  and minority “opportunity” districts in which a majority of voters are people of color. As a result, minorities have been elected to the school boards in those communities.

Speaking of school boards across North Texas and the importance of their composition, Richman said, “These are the people who are making huge decisions, they’re hiring the superintendent, and they’re setting the budget. We’ve seen how much political infighting has taken place on school boards when it comes to these education culture wars. So they’re saying we really have to make sure that representatives match the makeup of the student body in Texas, which is increasingly becoming more diverse.”

Learn more about the Brewer Storefront’s voting rights work here.

 

Houston ABC-13 Reports on Brewer Storefront Voting Rights Act Case

November 10, 2022 – ABC 13 Eyewitness News in Houston reported on a Voting Rights Act lawsuit brought by Brewer Storefront against Pearland Independent School District. Brewer Storefront is the community service affiliate of the Brewer law firm.  

The report notes that two parents, Storefront clients Dona Kim Murphey and Jessica Garcia Shafer, are suing the school district, challenging the at-large election system. The report adds that the lawsuit argues the election system denies fair representation to voters of color in the diverse district. The complaint claims that since 2018, 11 minority candidates have had an unsuccessful bid in the school board elections, including the plaintiffs.

The news station interviewed Brewer Partner William Brewer about the case. “We believe this election system violates Section 2 of the Voting Rights Act of 1965, because it enables the majority to discriminate against, frankly, a very healthy minority," Brewer said.

The complaint in part states that, “"In practice, the at-large system discourages minority or minority-preferred candidates from seeking office, because it effectively functions as a white-controlled referendum on all candidates. In PISD, a bloc of white voters controls all seven trustee positions.”

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

November 3, 2022 — Brewer Storefront filed suit in federal court on behalf of plaintiffs Jessica Garcia Shafer and Dona Kim Murphey against the Pearland Independent School District (PISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color. 

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, African American and Asian 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, African American or Asian school board member could be elected. Yet, all seven school board members are white.

“Our clients believe the at-large election system used by Pearland ISD denies citizens of color a fair opportunity to elect candidates of their choosing,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for the plaintiffs. “The at-large voting scheme utilized by the school district is pernicious and unconstitutional. Our clients believe the system should be abandoned – to enable a more inclusive future and where every citizen’s voice is valued in the process of electing school district board members.” 

Home to more than 21,000 students, PISD is a richly diverse school district. As of the 2020-21 school year, students of color formed nearly 67% of the total student body, according to the Texas Education Agency (“TEA”) 2020-21 Texas Academic Performance Reports (TAPR). About 33% of all PISD students were white, 36.8% Hispanic, 11.1% Asian, 14.9% African American, and 3.9% two or more races.

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 claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.  

Shafer, who is Hispanic, and Murphey, who is Asian, both previously ran for the PISD school board and lost – Shafer in 2020 and 2021, and Murphey in 2019. They are also mothers whose children attend PISD schools. Ms. Murphey holds an MD PhD and Ms. Shafer is a trained epidemiologist.  They both lost to white candidates who allegedly benefited from the at-large voting system.

In referring to PISD’s at-large election system, the lawsuit states: “In practice the at-large system discourages minority or minority-preferred candidates from seeking office because it effectively functions as a white-controlled referendum on all candidates. In PISD, a bloc of white voters controls all seven Trustee positions.”

The lawsuit alleges that PISD has a history of minority candidates running for the board and losing to white candidates. Since just 2018, 11 minority candidates have run for the board and lost.

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

The lawsuit says, “The chilling effects of the at-large system empowers the current Board, which fails to reflect the composition of the real stakeholders in the public-school system.” The lawsuit adds, “PISD’s discriminatory voting system is a relic of the District’s past and must be changed.”

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.  

Mr. Brewer is joined in representing plaintiffs by Blaine Adams, an associate in the firm’s Dallas office.

Brewer Storefront Voting Rights Lawsuit Moves Forward

September 28, 2022 – The Brewer Storefront announced that its Voting Rights Act lawsuit against the Lewisville Independent School District (LISD) is moving forward. On September 26, U.S. District Judge Amos Mazzant for the Eastern District of Texas denied a motion by LISD to dismiss the lawsuit brought against LISD by Brewer Storefront client Paige Dixon – paving the way for trial.  

Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors.

Dixon brought the lawsuit against LISD and its trustees on April 12, 2022, alleging that the school district’s at-large election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color. Dixon is African American and former candidate for the school board.

Judge Mazzant wrote that, “After reviewing the current complaint, and the arguments presented in briefing, the Court finds that Dixon has stated plausible claims for relief against Individual Defendants.”

With approximately 50,000 students, LISD is richly diverse.  As of the 2020-21 school year, the student population was 37.6% white, 30.5% Hispanic, 15.5% Asian, and 11.6% African American, and 4.4% Two or More Races. Yet, there is only one minority trustee out of seven.

“We are pleased that Judge Mazzant has cleared the path so that this important case can move forward,” said William A. Brewer III, partner at Brewer Storefront and lead counsel for Dixon. “Our client is eager to proceed to trial, and expose the pernicious and unconstitutional nature of this voting scheme.”

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 claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.  

The lawsuit refers to LISD’s at-large election system and the importance of school board trustees and states that, “Unfortunately, when the electoral process by which officials are chosen ‘stacks the deck’ against people of color such bodies cease to be ‘representative.’” According to the lawsuit, the numbers of Hispanic, African American and Asian voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which voters of color are a majority.

The Storefront has an established track record in this form of public advocacy. It 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 First Hispanic Trustee Elected in Richardson ISD After Brewer Storefront Voting Rights Case

On July 27, 2020, The Lake Highlands Advocate reported that Debbie Rentería was sworn in as the first ever Hispanic trustee on the Richardson Independent School District (RISD) Board of Trustees in May.  

Rentería represents majority-minority District 3, which was created after a Brewer Storefront Voting Rights Act lawsuit was brought on behalf of plaintiff and former RISD board member David Tyson. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.

A settlement reached with RISD established a new election system including five single member districts, of which two districts are minority “opportunity” districts. Regina Harris, who is African American, was elected to the District 4 opportunity district in November 2019.  

“When I saw that Debbie Rentería didn’t draw an opponent – and I don’t mean this to sound biblical – I said, ‘It is finished. My part is finished. We’ve achieved what we sought,” Tyson told the Advocate. “What we wanted was opportunity for people of color to feel comfortable running.” 

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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

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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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