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

Dallas, Texas…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.  

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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Brewer Storefront Hosts RISD Candidates Forum

Brewer Storefront, the firm’s community service legal affiliate, and the North Dallas Suburban Alumnae Chapter of Delta Sigma Theta Sorority hosted a Candidates Forum on October 14, 2019, at Hamilton Park United Methodist Church in Dallas for the upcoming Richardson ISD Board of Trustees Election.

The Storefront represented former RISD trustee David Tyson in a voting rights case that resulted in an agreement to establish a new election system with five single member districts and two at large districts on the board. Candidates for District 4 (Regina Harris, Patricia Price Hicks, Taler Jefferson and Sakennia Reed) and District 2 (Vanessa Pacheco) participated in the forum.

Community Impact reported about the debate in an Oct. 15 article titled "Richardson ISD board candidates discuss priorities ahead of first single-member district election on Nov. 5."

"This is really a historical time for Richardson Independent School District under this new five-two model," said Lacy Durham, a North Dallas suburban alumnae and moderator at the forum. "It's an opportunity for us to be more reflective of our diverse community."

On Nov. 5, voters elected Regina Harris to the new District 4 seat. The Dallas Morning News Editorial Board endorsed Harris, and reported that she is a webinar services manager who has also served in various RISD PTA leadership roles, and on the district's diversity committee. Harris is the first African American woman elected to the board.

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

Brewer Storefront filed suit in federal court on April 16, 2019, on behalf of plaintiff Suresh Kumar against the Frisco Independent School District (FISD) 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 Asian, Hispanic and African American voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.

Based on the district’s demographics, one would expect that an Asian, Latino, or African American school board member could be elected. Yet, all the school board trustees are white. Five Asian candidates and two Hispanic candidates have run unsuccessfully for the FISD board over the past four years. All seven of the candidates of color lost to a white opponent in those FISD board elections.

“Our client believes that this racially polarized suburban school district must adopt an electoral system that enables the participation of all voters,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Suresh Kumar. “The history of candidates of color running for the board and losing is dramatic support of our client’s belief that the voting scheme utilized by Frisco ISD unfairly denies people of color a fair opportunity to elect candidates of their choosing.”

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 allows white voters to vote as a bloc and deny political opportunity to voters of color.

Media outlets including The Dallas Morning News, Community Impact and Frisco Enterprise reported on the lawsuit.

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

Brewer Storefront filed suit in federal court on February 12, 2019, on behalf of plaintiff Frank Vaughan, 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. 

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 are white. 

“Our client believes the voting scheme utilized by Lewisville ISD unfairly denies people 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 Frank Vaughan. “We believe the school board should adopt a more representative electoral process to serve this multiracial and ethnically diverse school district.” 

The Dallas Morning News published an article about the lawsuit on the front page of the newspaper’s print edition on February 13. Other local media outlets reported on the lawsuit, including Community Impact and The Cross Timbers Gazette.