Lawsuit Claims Richardson ISD Trustees Violated Texas Open Meetings Act (TOMA)

Juy 10, 2018 — Brewer Storefront filed a lawsuit on July 6, 2018, in Texas state court on behalf of plaintiff David Tyson, Jr. against the Richardson Independent School District (RISD) and the seven members of the RISD Board of Trustees, alleging that they have continuously and systematically violated the Texas Open Meetings Act (TOMA). The fundamental tenet of TOMA is that, except for certain narrowly construed exceptions, all meetings of a governmental body must be open to the public. However, the complaint states that, instead of conducting all meetings in public, the Board members are “coordinating a backroom consensus” outside the view of the public. 

The lawsuit states that, over the last seven years alone, the Board has voted unanimously on the overwhelming majority of more than 500 votes, and alleges that the votes were not preceded by any meaningful discussions or deliberations at the meetings at which the votes occurred. According to the complaint, plaintiff requests that all actions taken in violation of TOMA be declared void. 

“Our client believes that Richardson ISD trustees are not being fully transparent about the operations of the school district,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff David Tyson. “Through its alleged violations of the Texas Open Meetings Act, the Board has deprived the citizens of Richardson of the right to know how the Board reaches its decisions – and denied them their lawful right to participate in the democratic process.” 

An article in The Dallas Morning News, dated July 10, 2018, reports on the lawsuit and its significance to the local community. The Lake Highlands Advocate also reported on the filing.

Richardson ISD Slaps Back At Ex-Trustee Who Filed Voting Rights Suit, Says System Isn't Broken

March 12, 2018 — The Dallas Morning News columnist James Ragland has published a commentary titled "Richardson ISD, you’re on the wrong side of this lawsuit." The column explores a voting rights lawsuit filed recently by the Brewer Storefront against Richardson ISD.

The column observes, "When the only minority trustee who has ever been elected tells you that the system is broken and that minority parents feel disengaged, and when the system isn't working out well for students of color, 'That should be reason enough to get to the table,' said firm partner William A. Brewer III." 

Ragland interviewed Carrollton-Farmers Branch ISD board member Candace Valenzuela, who became the first Latina and African-American female elected to that board following a previous Brewer Storefront lawsuit against that district that resulted in a successful settlement.

Valenzuela commented, "People don't understand that voting is a feedback loop, meaning that if you're in a group that's been disproportionately underrepresented, it discourages participation... By facilitating for the community, you're going to get a lot more participation." 

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Storefront Lawsuit Claims Richardson ISD Electoral System Violates Voting Rights Act

January 26, 2018 — Brewer Storefront filed suit today in federal court on behalf of plaintiff David Tyson, Jr. against the Richardson Independent School District (RISD), alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to African Americans and other non-white voters. Filed in the U.S. District Court for the Northern District of Texas, Dallas Division, the lawsuit claims that the school district’s at-large voting system denies African American, Latino 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.

“Many in the community – our client included – believe that Richardson ISD is unfairly denying people of color an equal opportunity to participate in the electoral process,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiffDavid Tyson. “Our hope is that the school board’s leadership will recognize its responsibility to embrace a more inclusive future – one that provides representation for this multiracial and ethnically diverse school district.” 

KERA News reported on the lawsuit, and The Dallas Morning News also published a front page article about the case, and Fox 4 Dallas aired a TV report on the lawsuit.

Dallas Morning News Columnist James Ragland also wrote favorably about the case in a column titled, "It's time to change how Richardson ISD elects its trustees, and David Tyson is the man to do it."

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The New York Times Reports on Brewer Storefront Client Jim’s Shoe Repair

December 12, 2016 — The New York Times reports on Brewer Storefront client Jim’s Shoe Repair, a treasured New York City business.

Faced with losing its shop in Midtown to accommodate the expansion of Duane Reade, located next door, Jim’s engaged Managing Partner William Brewer, a longtime customer, and the Brewer Storefront to engineer an advocacy campaign to help save the business. The legal strategy, grassroots petition drive, PR campaign, and social media effort generated a wave of public support – allowing the business to successfully challenge eviction and secure a new lease agreement for the location it has called home for almost 70 years.

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Dallas Morning News: Carrollton-Farmers Branch ISD Scraps At-Large Voting in Settlement, Gets First Latino Trustee

October 9, 2015 – The Dallas Morning News reports that the Carrollton-Farmers Branch Independent School District board voted 5-2 to approve a settlement in a voting rights lawsuit filed against the district by Brewer Storefront on behalf of plaintiff Guillermo Ramos. 

As part of the settlement, CFB ISD agreed to transition to a cumulative voting process, allowing voters to cast as many votes as there are open seats and distribute their votes among candidates as they choose. 

The lawsuit claimed that the at-large system denied fair representation to Hispanic citizens and violated the Voting Rights Act of 1965. The lawsuit stated that since at least 1995, bloc voting by white voters resulted in the defeat of every Latino candidate.  

A trustee resigned as part of the settlement and Ramos took her place on the school board, adding a Hispanic member to the board. Ramos stated that, “I am proud to have pursued this lawsuit.”  

Under the settlement, the district agreed to conduct voter registration efforts and offer accessible voting opportunities for the Latino community.  

Attorney William Brewer, who represented Ramos, said the changes confirmed that “there will be greater political opportunity for the Latino community.”  

Read more here

Dallas Morning News: Carrollton-Farmers Branch ISD Accused of Voting Rights Violations

April 25, 2015 – The Dallas Morning News reports that a federal lawsuit filed against the Carrollton-Farmers Branch Independent School District (CFBISD) by Guillermo Ramos accused the district of violating the Voting Rights Act with its at-large elections. 

The lawsuit alleged that the at-large election system denied representation to Latinos. According to the lawsuit, none of the seven trustees was Hispanic, despite the fact that about 55 percent of the students in the district are Hispanic. 

“In racially polarized communities where one group has the power to exclude another group from participation, that’s illegal,” said Ramos’ attorney, William A. Brewer III. “It’s probably more of an issue where there is a large and growing influx of Hispanics in the community.” 

Brewer argued that the creation of single-member districts would afford the Hispanic community a chance to elect Hispanic representatives to the school board. The article also mentions that Ramos previously sued the city of Farmers Branch over an ordinance barring unauthorized immigrants from housing. 

“We believe the community is entitled to single-member districts,” Brewer said. “That would afford the Hispanic community a chance to elect Hispanics to the school board.” 

The article highlights the broader context of voting rights issues in North Texas, noting that Bickel & Brewer Storefront has challenged other area voting practices, including those in Grand Prairie ISD. 

The article highlights the broader context of voting rights issues in North Texas, noting that the Storefront had challenged other area voting practices, including those in Grand Prairie ISD. 

Brewer expressed confidence that a change to the district's system would encourage more Hispanic candidates to run for the school board 

Read more here

Family-Owned Business Wins Fight Against Duane Reade Expansion

February 18, 2015 — DNA Info reports that an 83-year-old Midtown Manhattan show repair business "fought its landlord and won." The report details the Bickel & Brewer Storefront's efforts to save Jim's Shoe Repair — a family-owned shop that was being forced out of its 59th Street location to make room for a Duane Reade. 

In September 2012, Jim's learned that its lease was not being renewed to make room for the chain pharmacy. That's when William Brewer, a Jim's customer, offered to fight the eviction in court through his firm's community service affiliate, the Bickel & Brewer Storefront. 

The Storefront filed suit and put together a petition, gaining thousands of signatures from loyal customers.  Ultimately, the landlord, SL Green, and Duane Reade settled the case. Jim's signed a new nine-year lease. 

“Jim’s is a business that embodies the American Dream,” said Brewer. “The victory today is for all those who value family-owned businesses in the country. They represent a time when the fabric of our communities were tied to family values.”

Read the full article here

Much to Celebrate in the New Year: Jim’s Shoe Repair to Remain at Famed Midtown Location

February 17, 2015 – For one of New York City’s most cherished businesses and thousands of its customers, there is much to celebrate in the New Year.

Jim’s Shoe Repair announced today that it has signed a new lease agreement and will remain in business at its current location at 50 E. 59th Street. The family-owned cobbling business has been at its current location since 1940, but was only weeks away from losing its space and having to vacate the premises.

An in-store celebration is planned for 2 p.m. today.

“Words cannot describe what it means for a small business like ours to defy the odds – and be able to stay in the location we’ve called home for over 70 years,” said Joseph Rocco, Jr. “We are grateful to our attorneys, Duane Reade, Borough President Gale Brewer, SL Green, and the thousands of people who voiced their support of our business. All worked together to make this miracle possible.”

Jim’s fight for survival has become one of the most closely-followed cases of its kind – emblematic of the struggle faced by small businesses swept away in the “corporatization” of New York City. It has been widely reported that Jim’s was losing its 1,000 square-foot shop to accommodate the expansion of Duane Reade, located next door.

The Bickel & Brewer Storefront, the community-service affiliate of Bickel & Brewer law firm, represented Jim’s in the courtroom, pro bono, and engineered a grassroots petition drive to help save the business. The Storefront aided Jim’s in seeking landmark designation, and represented the business in ensuing litigation in New York Supreme Court, in Manhattan, against the New York City Landmarks Preservation Commission. The Storefront also defended Jim’s in eviction proceedings. Jim’s and its landlord, SL Green Realty Corp., have resolved matters regarding the lease agreement and the eviction proceedings have been dismissed. The terms of the deal were not disclosed.

“Jim’s is a business that embodies the American Dream,” says William A. Brewer III, partner at the Storefront and long-time Jim’s customer. “The victory today is for all those who value family-owned businesses in this country. They represent a time when the fabric of our communities were tied to family values.”

Jim’s was founded in 1932 by Italian immigrant Vito Rocco. He named his modest shop “Jim’s” because he believed an American-sounding name would be good for business. At the time, prejudice against Italian immigrants was common. Now in its fourth-generation, Jim’s is steeped in tradition and “Old World” charm.

The shop still utilizes its original gold cash register and antique wooden compartments for customers waiting on shoe repairs. The history of the business has been chronicled by Andy Rooney, Gentleman’s Quarterly, and New York Magazine, to name a few.

The founder’s youngest son, Joseph Rocco Sr., and his two brothers, Giulio and John, ran the business for years before Giulio and John passed away. Today, guests from around the world are still greeted by Rocco Sr., and his son, Rocco Jr. The founder Rocco’s great grandson, Andrew Rocco, 25, is the apprentice – and keeper of the family flame.

“This is a storybook ending for our customers and a business that runs in our blood,” says Andrew. “It feels like we are part of something larger here, giving hope to small businesses in this community and throughout all of New York City. We have achieved the impossible.”