Houston Chronicle Reports on Humble ISD Voting Rights Lawsuit

May 10, 2024 – The Houston Chronicle reports on a voting rights lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).

 The article notes that the lawsuit states that the district has a geographically significant Hispanic population that would allow for at least one Hispanic-majority single member district to be drawn for increased representation.

 The article notes that the lawsuit comes after the Storefront sent letters to 11 school districts in March as part of a statewide initiative to secure voting rights among Texas’ minority populations.

 Brewer Storefront Partner William Brewer told the Chronicle that the plaintiff is now taking action because "time is of the essence when people are being denied the right to fairly participate in the political process," adding that the board "indicated no meaningful willingness to bring the electoral system into compliance with the Voting Rights Act."

 Read the Houston Chronicle report here.

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

Dallas, Texas…May 9, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Judith Bautista against the Humble Independent School District (Humble ISD) and its trustees, alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. 

Filed in the United States District Court for the Southern District of Texas, Houston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic 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 board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cities Hispanic candidates who ran for the board in recent years, such as Asdrubal “Dru” Gutierrez in 2023 and Liz Diaz in 2021, who lost to white candidates. 

“Our client believes the at-large election system used by Humble ISD denies Hispanic voters 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 Judith Bautista. “The suit seeks the court-ordered adoption of a single member district voting system that allows every member of the community an equal opportunity to elect candidates of their choosing.”

In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront sent warning letters to 11 school districts on March 6, including Humble ISD, advising that they are violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least four opportunity districts for minority voters, including at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority.

“The school board refused the opportunity to avoid litigation and proactively change the election system to comply with the Voting Rights Act,” Brewer said. “Our plaintiff has stepped up in an effort to secure a fair chance for Hispanics to attain a seat on the board that oversees management of the school district, including hiring the superintendent. Such representation benefits students, schools, and communities – in the pursuit of greater opportunity for all children.”

Humble ISD is a richly diverse school district.  As of the 2022-23 school year, students of color comprised more than 70% of the Humble ISD student body and more than 38% of students were Hispanic. The district enrolls nearly 48,000 students. However, a significant “achievement gap” between Hispanic and white students, and between the lower performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the members of the Humble ISD board of trustees reside. 

According to the complaint, all individuals in the top seven highest- ranking administrative positions in the District are white – the superintendent, associate superintendent, two deputy superintendents, and three assistant superintendents.

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 alleges that, “The Hispanic population within the Humble ISD is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the citizen voting age population.”

The lawsuit continues, “Further, the Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”

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

Bautista, who is Mexican American, is the daughter of immigrants from Monterrey, Mexico, a U.S. citizen, registered voter and homeowner. Her two children attend Humble ISD schools.

She previously worked as a Spanish teacher at Humble ISD’s Summer Creek High School from 2017 to 2023. She is currently enrolled in the Hispanic Studies Ph.D. program at the University of Houston, pursuing a concentration in Latino studies. Her thesis is focused on the implementation of cultural programs in schools to promote cultural diversity and language maintenance.

Ms. Bautista’s community involvement is extensive. She has volunteered for Raíces Unidas (United Roots), an organization in Houston focused on linking the Hispanic community with essential resources. She also has volunteered with the National Hispanic Professional Organization (NHPO) in Houston.

“I am concerned about the lack of sensitivity toward equity and diversity in Humble ISD,” said Bautista, who intends to run for the school board in 2025. “Much work is needed in Humble ISD to better serve the Latino community.”

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 Lewisville Independent School District in 2023, 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.  

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.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com  

Houston Public Media Reports on Texas Voting Rights Initiative

March 19, 2024 – Houston Public Media reports on warning letters sent by Brewer Storefront to two Houston-area school districts notifying them that their at large election systems used for electing school board trustees could be violating Section 2 of the Voting Rights Act. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.

Letters were sent to 11 Texas school districts as a part of Brewer Storefront's newly launched Texas Voting Rights Initiative. The letters request that Houston area school districts Angleton ISD and Humble ISD adopt single member district election systems that create at least one opportunity district for Hispanic voters. 

The article notes that Brewer Storefront has brought several Voting Rights Act challenges against school districts and municipalities in Texas.

The article notes that, “Brewer Storefront, which has made legal challenges that prompted similar changes at five school districts in the Dallas area, said a lack of diversity and equitable geographic representation on school boards can result in disenfranchised voters, underfunding and achievement gaps for both schools and their individual students.”

The article reports that Sergio Lira, a Houston League of United Latin American Citizens (LULAC) leader,  praised Brewer Storefront for highlighting Texas school districts that could have more equitable and reflective representation on their boards. 

Houston Public Media quoted Brewer Storefront Chairman William A. Brewer III stating that, "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. We believe our political institutions work best when they give all voters an opportunity to elect candidates of their choosing."

Read more here.

Houston Chronicle Reports on Texas Voting Rights Initiative

March 15, 2024 – The Houston Chronicle newspaper reports on Brewer Storefront and its newly announced Texas Voting Rights Initiative. The article notes that the Storefront sent warning letters to two school districts in the Houston area – Humble Independent School District and the Angleton Independent School District.

The letters accuse the school district of violating the Voting Rights Act with their current at large system of electing trustees in May. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors. The article noted that the letters said each school district could have at least one Hispanic opportunity district, where the Hispanic voting population makes up more than 50% of the district’s residents, adopt a single member district election system and move elections to November, when there is higher voter turnout.

Partner William Brewer III told the Chronicle that the letters represented “pleas to do the right thing.” He added, “It’s an age-old story: white dominated school boards, despite the fact that the majority of users of the service are the ones who have no representation.”

He added that the initiative will expand to other districts in the state and that, “We started here, (but) it’s not where we hope it ends.”

Fort Worth Star-Telegram Reports on Brewer Storefront Voting Rights Efforts in Tarrant County

March 13, 2024 – The Fort Worth Star-Telegram newspaper reports on Brewer Storefront and its newly-announced Texas Voting Rights Initiative (TVRI). As reported, the Storefront sent warning letters to two school districts in Tarrant County – Arlington Independent School District and Eagle Mountain-Saginaw Independent School District.

The letters accuse the school districts of violating the Voting Rights Act of 1965 and denying voters of color an equal opportunity to elect candidates of their choice.  Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors.  Announced on March 7, 2024, 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.  

“What we’re hoping is that the letters would be greeted with a positive response and that the outcome would be an invitation to work with our experts to help define a voting system that actually encourages participation and engender change,” William Brewer III told the Star-Telegram.

The report noted that Brewer stated that he hopes the school districts will work with his team to address the issues, but the firm is also prepared to effect change through the courts.

 Read more here.

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

Dallas Morning News Reports on Brewer Storefront Texas Voting Rights Initiative

March 7, 2024 – The Dallas Morning News reports that Brewer Storefont sent warning letters to 11 Texas school districts alleging that their election systems violate the Voting Rights Act. 

Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors. The article reports that the letters emphasize that at large election systems used by many school districts to elect school board trustees deny voters of color an equal opportunity to elect candidates of their choice. 

In an Interview with the Morning News, Partner William A. Brewer III emphasized the importance of diversity in school board representation, noting that "We've picked districts where we believe that the performance gaps really compel us, if we care, to try to engender a change." 

The article noted that the firm, along with sending the letters, is launching the Texas Voting Rights Initiative, a statewide effort to ensure trustee elections comply with the law.

"Our demographics have changed," Brewer said. "And our systems need to respond to that." 

Read more here.

Brewer Storefront Files Motion for Leave to File Amicus Brief in Fifth Circuit Voting Rights Case

February 22, 2024 —Brewer Storefront filed a motion for leave to file an amicus brief in support of plaintiffs in the Petteway v. Galveston County case before the U.S. Court of Appeals for the Fifth Circuit. The Storefront is the pro bono community service affiliate of Brewer, Attorneys & Counselors.

The matter at issue concerns whether coalitions of minority voters – in this case Latino and Black voters – can continue to together bring Section 2 Voting Rights Act (VRA) claims. This includes situations where they constitute a group that is geographically compact and politically cohesive that forms a majority in a single member district. The Petteway case concerns Galveston County Commissioner redistricting maps.  The Storefront typically brings its voting rights cases under Section 2, which prohibits voting practices or procedures that discriminate based on race, color, or membership in a language minority group.   

The amicus notes that the Fifth Circuit was the first Federal Circuit to expressly allow minority coalition claims and has continued to do so. The brief cites the history of the Fifteenth Amendment and the suppression of minority voter rights that followed it. The brief states, “it is clear that the VRA is intended to broadly protect minority voting rights, including coalition claims, not limit protections of certain minority groups based on the composition of the group facing disenfranchisement.”

The brief adds that barring coalitions would gut the VRA, concluding that, “If Defendants are successful in this appeal, coalitions of minority litigants will have no meaningful opportunity to challenge demonstrably discriminatory practices that abridge their right to vote or dilute the power of their votes across the Fifth Circuit. Such action would frustrate Congress’ clearly stated purpose for enacting the VRA in 1965 and subsequently reauthorizing it 5 times over the next 40 years—effectively gutting the VRA as to a wide array of minorities.”

Since it opened in 1995, the Storefront has brought numerous successful Section 2 VRA cases lawsuits on behalf of Latino, African American and Asian voters across North Texas. The Storefront has brought coalition claims before, including in the current Shafer v. Pearland Independent School District case. Most recently, on August 18, 2023, it was announced that the Storefront successfully resolved a Voting Rights Act case with the Lewisville Independent School District (LISD) – paving the way for a new electoral system in LISD. 

The Storefront has successfully challenged many at-large election systems and unfairly drawn single-member districts. Under the Voting Rights Act, those lawsuits alleged that such systems deny voters of color a fair opportunity to meaningfully participate in the electoral process – and to elect school board representatives or city council members of their choosing.   

 “We ask the Fifth Circuit to uphold the standing of voters of color to combine in coalition classes to challenge voting systems that deny minorities an equal opportunity to vote,” said William A. Brewer III, partner at Brewer Storefront. “Given the increasingly multiracial composition of our democracy, coalition cases should be allowed to continue under the Voting Rights Act of 1965. Any effort to bar coalition claims is a transparent effort to suppress minority votes.”