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.  

Spectrum News 1 Reports on Brewer Storefront Voting Rights Case

April 30, 2022 — Spectrum News 1 reports on a voting rights lawsuit brought on behalf of plaintiff Paige Dixon by Brewer Storefront challenging Lewisville ISD’s system of electing trustees. The lawsuit argues that the election system violates the Voting Rights Act of 1965 and denies equal representation to people of color.

William Brewer, Dixon’s attorney, said that many Texas school districts are diverse but that is not reflected on school boards because of at-large voting systems used to elect trustees. “That means that if you have a voting [bloc] that is involved, turns out at the ballot box, that group can control the election of all seven seats,” he said.

Brewer said that similar lawsuits will continue to come up as the state grows and more school districts with at-large election systems have gaps in representation.

Dixon lives in Lewisville and ran for the Lewisville ISD school board last year and lost.

To read more, click here.

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

April 12, 2022 — The Dallas Morning News and other local media today 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.

Brewer Storefront News Release: Lawsuit Claims Lewisville ISD Electoral System Violates Voting Rights Act of 1965

April 12, 2022 — Brewer Storefront filed suit in federal court on behalf of plaintiff Paige Dixon against the Lewisville Independent School District (LISD) 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 Eastern District of Texas, Sherman 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 a Latino, African American or Asian school board member could be elected. Yet, all seven school board members, as they have been for years, are white.

“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,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Paige Dixon. “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.” 

LISD is a richly diverse school district.  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.

However, in addition to the all-white seven-member school board, LISD’s 16-member administrative “District Leadership Team” (including the interim superintendent) has only one person of color serving on it, a team comprised of 15 white members and one African American woman, and no Hispanic or Asian administrators.  

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.’”

The lawsuit alleges that, “The at-large system discourages minority-preferred candidates from seeking office because it effectively functions as a white-controlled referendum on all candidates where white voters control all seven Trustee positions.”

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 describes the significant “achievement gap” which exists between the lowest performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the all-white members of the LISD board of trustees reside. 

Dixon, who is African American, is an active member of her community, a U.S. Army combat veteran, and a mother of two children who have attended LISD schools. She previously served as PTA President at Rockbrook Elementary School in Lewisville ISD from 2017 to 2021. She ran for Place 1 on the LISD school board in May 2021 and lost.

Ms. Dixon’s community involvement is extensive; in addition to her work as PTA President, she has been a member of the LISD Academic Calendar and Superintendent Parental Advisory committees; she chaired the LISD Council of the PTA’s Advocacy Committee; served as a volunteer coordinator of the LISD High School Band Booster Club; volunteered for Denton County Meals on Wheels; and is a member of the Concerned Citizens & African-American Parents (CCAAP).

Brewer Storefront previously brought a voting rights lawsuit against LISD in 2019 on behalf of plaintiff Frank Vaughan. The Court concluded that Mr. Vaughan, who is white, did not meet the definition of an “aggrieved person” under the VRA because his right to vote was not infringed “on account of his race.”

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.  

Brewer Storefront News Release - ADA Lawsuit Filed Against The Lamplighter School

April 6, 2021 – Brewer Storefront announced today that its clients James and Michelle Hardt filed a lawsuit against The Lamplighter School in Dallas, alleging violations of the Americans with Disabilities Act (ADA) of 1990. 

The Hardts filed the lawsuit on April 5, 2021, in U.S. District Court for the Northern District of Texas, Dallas Division, on behalf of their daughter, who was denied re-enrollment at the independent school after being diagnosed with dyslexia and a speech and language disorder. The lawsuit alleges negligence and breach of contract. 

“The Lamplighter School portrays itself as welcoming and inclusive, but our clients believe that is a false representation when their child was asked to leave the school after being diagnosed with a learning disability,” says William A. Brewer III, partner at Brewer Storefront and counsel to plaintiffs. “Our clients believe the school failed their child – and the principles upon which it claims to operate as an educational institution.” 

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

According to the complaint, the child was enrolled at Lamplighter for the 2017-18 school year and attended the school for three years. She was denied re-enrollment for the 2020-21 school year. The complaint alleges that the school failed to adequately monitor the child’s academic development and did not make accommodations in response to her learning needs. 

According to the school website, Lamplighter’s mission statement states that “Dedicated to igniting the potential of each child, Lamplighter engages children in the joy of learning through intellectual discovery in a creative, inclusive, and collaborative environment.” The school also promotes a “statement of inclusion.” 

According to the complaint, “Lamplighter simply neglected its obligations to accommodate the Child’s disabilities and directed the Child to leave and go to a different school.” 

The complaint continued, “Furthermore, the re-enrollment denial occurred after a documented, contractually agreed upon deadline for making such decisions – abandoning the Child and her family at a critical juncture in the Child’s formative years.”  

The complaint alleges that Lamplighter violated Title III of the ADA when it discriminated against the child because of the child’s disability. The complaint alleged that Lamplighter discriminated against the child by failing to reasonably accommodate the child and denying her enrollment in Lamplighter’s educational programs, and by denying the child the ability to participate in on-site therapy to remediate her disabilities, among other actions.    

“We believe this case is important for not only our daughter, but also all families who advocate for children with learning disabilities,” says James Hardt. “We believe accommodations could have been made in this instance, and we hope they will be made going forward for families who entrust Lamplighter with the education of their children.” 

Joining William A. Brewer III in representing plaintiffs is attorney Efrain Vera. 

Lake Highlands Advocate Reports on First Hispanic Trustee Elected in Richardson ISD After Brewer Storefront Voting Rights Case

July 27, 2020 — The Lake Highlands Advocate reported today 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.” 

Read More

The Dallas Morning News Reports on Brewer Storefront Voting Rights Case

March 27, 2020 — The Dallas Morning News reports 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."

Read More →

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

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