Lewisville Independent School District Agrees to Provide District with Greater Political Opportunity

August 18, 2023 – The Brewer Storefront (“Storefront”) announced a settlement with the Lewisville Independent School District (“Lewisville ISD”) of the Voting Rights Act lawsuit it filed against the school district last year on behalf of plaintiff Paige Dixon. The outcome comes nearly three years after the Storefront sued Lewisville ISD under the Voting Rights Act. The Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors.

The agreement resolves all claims against Lewisville ISD.  All seven members of Lewisville ISD’s school board are currently elected at-large. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts. The new election system will include at least one single-member district comprised of a majority of eligible minority voters – paving the way for greater political opportunity in one of the largest and most diverse school districts in North Texas. 

“This is an important outcome for our client, the school district, local voters, and all who believe our political systems work best when they are inclusive,” says William A. Brewer III, partner at Brewer Storefront. “We applaud the Lewisville ISD school board for agreeing to adopt an electoral system that provides voters of color a fair opportunity to elect candidates of their choosing. We hope the board’s actions are instructive to other school boards and elected bodies.”

Eligible voters residing in each of the five single-member districts will vote for candidates running in that district in which the candidates also reside. The candidates who run for the two at-large seats may live anywhere within the school district. A public hearing to discuss the framework is scheduled for August 28, 2023.

Lewisville ISD is a very diverse school district. According to the Texas Education Agency, as of the 2021-22 school year, the school district enrolled 49,113 students. The majority-minority student body was 36.6% white, 30.7% Hispanic, 15.7% Asian, 12% African American, and 4.6% two or more races. About 33.6% of students were economically disadvantaged and 19.6% were English learners.

This lawsuit had become among the most closely followed cases of its kind. In 2020, a similar lawsuit against LISD was dismissed by a judge who found that the plaintiff, Frank Vaughan, who is white, lacked standing. That decision did not speak to the merits of the argument or whether LISD’s voting system complied with the Voting Rights Act.

“I applaud the pursuit of the prior case – in the interest of the school system and the community it serves,” says Dixon, who is African American. “I appreciate the work of the Storefront and its commitment to this issue, even as it had to travel a long road to secure this outcome. The school board’s decision to change the election system is admirable as well, especially to those of us who believe in the promise of LISD and its future generations. A new day has finally arrived at LISD.”

The Brewer Storefront successfully resolved Voting Rights Act cases with the Richardson Independent School District in 2019, Carrollton-Farmers Branch Independent School District in 2015, Irving Independent School District in 2014, and the Grand Prairie Independent School District in 2014. Those school districts now utilize remodeled voting systems to elect school board trustees. The Storefront also secured trial victories in Voting Rights Act cases against the City of Grand Prairie in 2015, 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.

Joining Brewer in representing Ms. Dixon were Senior Associate Gizem Petrosino, Associate Malvina Palloj, and Public Affairs Manager Katherine Leal Unmuth.

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.

Dallas Morning News Publishes Brewer Letter on Voting Rights Act

June 15, 2023 —The Dallas Morning News published a letter to the editor from partner William Brewer praising the U.S. Supreme Court’s recent decision upholding Section 2 of the Voting Rights Act.

The letter text follows:  

The U.S. Supreme Court decision to uphold Section 2 of the Voting Rights Act is a major civil rights victory that should be of interest to everyone in North Texas. In a 5-4 vote, the court found in favor of Black voters in an Alabama congressional redistricting case. The decision underscores the role the act plays in ensuring fair representation to voters of color.

Many successful Section 2 Voting Rights Act lawsuits in North Texas have resulted in more equitable voting systems and the election of minority school board trustees and City Council members. There seems to be a misinformed movement that argues racial discrimination no longer plagues our electoral processes. But voting in many communities continues to be racially polarized, as white voters typically support white candidates — to the exclusion of minority candidates.

As Texas communities become more diverse, the need for more representative local governments and school boards becomes more acute. There is an urgent need to replace antiquated and discriminatory at-large electoral systems. We should remember the words of Congressman John Lewis, who called voting the most powerful non-violent tool we have in a democracy.

Brewer Storefront, Voting Rights Act Plaintiff Prevail in Fifth Circuit

Decision “Leaves the Door Open” for Future Plaintiffs to Bring VRA Cases – No Matter Their Ethnicity

March 14, 2023 – The Brewer Storefront and Voting Rights Act plaintiff Frank Vaughan scored an important victory in an appeal to the U.S. Court of Appeals for the Fifth Circuit that may change the landscape of the Voting Rights Act.

The Storefront argued that Vaughan, a white man, had standing to bring a case challenging an at-large voting system in Lewisville Independent School District (LISD), which diluted the votes of minority members of the community. Filed in 2019, the case sought to “extend the law” – allowing citizens, no matter their ethnicity, to bring a lawsuit under Section 2 of the Voting Rights Act to address voter dilution.

The LISD School Board utilizes an “at-large” voting system – which allegedly dilutes the votes of non-whites in an increasingly minority school district. LISD argued Vaughan lacked standing and failed to create a genuine issue of material fact, as Vaughan “is not a member of any minority group he seeks to advocate for in his lawsuit (i.e., Asian, Black or Hispanic).”

The district court dismissed the case. LISD argued Vaughan’s lawsuit was frivolous, moved for sanctions, and was awarded almost $50,000 in attorneys’ fees.

The Storefront appealed, arguing Vaughan’s standing argument was no only meritorious, but that there was no precedent to foreclose Vaughan’s legal argument. Vaughan sought to establish a new legal standard – advocating that he did have standing as an aggrieved party residing within LISD. The Storefront successfully argued that sanctions were unwarranted. In an opinion, dated March 9, 2023, the Fifth Circuit confirmed there is no legal precedent barring Vaughan from pursuing a Voting Rights Act case.

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

Writing for the Fifth Circuit, Circuit Judges Patrick E. Higginbotham, S. Kyle Duncan, and Kurt D. Engelhardt, stated, “We conclude that sanctions against Vaughan were unwarranted because precedent in this circuit does not squarely foreclose his legal argument and because he sought to extend existing law. [The] argument is not sanctionable simply because the district court concluded it was wrong, particularly given the ongoing evolution in courts’ views on standing in redistricting cases.”

“We achieved a primary goal in this case: to unsettle the view on standing adopted by the trial court, which denied a citizen the right to pursue a Voting Rights Act case,” says William A. Brewer, counsel to Mr. Vaughan and partner at Brewer Storefront. “In our view, Mr. Vaughan’s lawsuit had merit – and we applaud him for having the courage to pursue it.”

Brewer adds, “The Fifth Circuit wisely left the door open for future plaintiffs – of any ethnicity – to carry on this type of pursuit. We believe voting systems work best when they are more inclusive, giving everyone a voice in the electoral process.”

LISD has undergone dramatic demographic change in recent decades. About 25 years ago, approximately 84% of the district’s students were white, according to the Texas Education Agency. Whites now make up 41.3% of the enrollment; Hispanic students nearly 30%; Asian-American students about 14%; and Black students 10.7%.

Joining Mr. Brewer in this matter were associate Cory Ford and Public Affairs manager Katherine Leal Unmuth.

Read the opinion here.

Founded in 1995, the Storefront the Storefront handles individual matters that often establish legal precedent and make a long-term, positive impact on the community at large.

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.

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.”

To read more, click here.

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.  

Spectrum News 1 Reports on Brewer Storefront Voting Rights Case

On April 30, 2022, Spectrum News 1 reported 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

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