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Fort Worth Report:  Brewer Storefront Filing in Keller ISD Voting Rights Lawsuit 

June 22, 2025 – The Fort Worth Report reports that Brewer Storefront filed a brief on behalf of plaintiff Claudio Vallejo in opposition to the Keller Independent School District's attempt to dismiss a federal voting rights lawsuit. 

Originally filed on February 14, 2025, the case is in the U.S. District Court for the Northern District of Texas in Fort Worth. The lawsuit by Vallejo, a Hispanic parent with two children enrolled in the district, seeks to replace Keller ISD's at-large voting system with cumulative voting, "a more representative alternative" in which voters can allocate votes to one or more candidates. The lawsuit alleges that the at-large election system violates the Voting Rights Act and U.S. Constitution by diluting the political voice of Hispanic voters.

“A Hispanic candidate has not been elected to the board in 25 years,” the brief filed on June 12 argues. “This lack of representation leaves Hispanic families without a voice to champion the needs of their children.”

The article reports that the plaintiff states that the proposed cumulative model would allow geographically dispersed minority groups to combine their votes and elect representatives aligned with their views. The article states that Vallejo argues that relying on geographic compactness ignores modern community patterns and that current legal precedent is outdated. 

“This case seeks to ensure that the voices of Hispanic voters are heard and accounted for in school board elections,” said William A. Brewer III, counsel for Vallejo. “Cumulative voting offers a constitutionally sound, locally empowered solution that aligns with the values for which the Voting Rights Act was adopted.”

The Storefront is the Brewer firm's community service legal affiliate. 

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Plaintiff Files Opposition in Landmark Voting Rights Act Challenge Against Keller ISD 

Dallas, Texas…June 13, 2025 – Brewer Storefront filed a federal court brief (“Vallejo’s opposition”) on behalf of Claudio Vallejo – a Hispanic parent in Keller ISD – in opposition to the district’s attempt to dodge a landmark voting rights case. 

Vallejo’s case seeks to overhaul the district’s at-large voting system, asserting it violates Section 2 of the Voting Rights Act (“VRA”) and the U.S. Constitution. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

Filed in the U.S. District Court, Northern District of Texas, Fort Worth Division, Vallejo’s brief contends that the current election system dilutes the votes of Hispanic and other minority voters, preventing them from electing candidates who represent their interests. Despite the fact that Hispanic students constitute nearly a quarter of the district’s enrollment, not a single Hispanic candidate has been elected to the Board in over two decades. 

At the heart of Vallejo’s opposition is a complaint that argues that the so-called “Gingles factors” established by the 1986 U.S. Supreme Court Case Thornburg v. Gingles as a standard to prove a VRA violation are outdated, particularly the requirement that a minority group be sufficiently large and geographically compact to constitute a majority in a single-member district. 

Vallejo argues that the geographic “compactness” requirement for majority-minority districts should not apply outside redistricting cases – particularly when the remedy sought is not the creation of new district lines, but implementation of a cumulative voting system. 

This alternative voting system, expressly permitted under the Texas Education Code since 1995, would allow minority voters to elect candidates of their choice by pooling support across geographic lines. Under the cumulative system, a voter may cast the number of votes equal to the number of seats up in an election for one or more candidate in any combination. The candidates receiving the highest number of votes for the open positions are elected. 

The filing also outlines predictable educational disparities among student subgroups: only 51% of Hispanic students in KISD met grade-level benchmarks on state exams, compared to 69% of white students. Vallejo’s filing notes the social science data that a lack of representation on the school board contributes to an ongoing failure to address the needs of minority students. 

“This case seeks to ensure that the voices of Hispanic voters are heard and accounted for in school board elections,” says William A. Brewer III, partner at Brewer Storefront and counsel to Mr. Vallejo. “Cumulative voting offers a constitutionally sound, locally empowered solution that aligns with the values for which the Voting Rights Act was adopted.” 

Vallejo’s opposition challenges the district’s reliance on outdated precedent. 

The complaint asserts that Gingles should only apply to redistricting cases, and notes that the KISD case is not a redistricting case. 

“Gingles should only apply to redistricting cases,” the filing contends. “This is not a redistricting case…cumulative voting would allow minority viewpoints to have a voice in KISD.”

Cumulative voting will give underrepresented groups in KISD greater power to elect candidates aligned with their interests. Such voting systems have been adopted by other local school districts, including Carrollton-Farmers Branch ISD. 

The legal action includes claims under the 14th and 15th Amendments, alleging that the Board’s continued use of a discriminatory voting system reflects intentional racial bias. Vallejo points to recent actions by the Board – including a now-abandoned plan to split the district along socioeconomic and racial lines – as further evidence of discriminatory intent. 

Plaintiff asks the Court to deny the district’s motion to dismiss, allow the case to proceed, and grant appropriate injunctive and declaratory relief to reform the election system. 

In requesting that the Court deny Defendants’ motion to dismiss, Vallejo argues that this case represents a natural evolution of civil rights litigation – one aimed at adapting the Voting Rights Act to a changing America. 

“Today’s innovative argument is tomorrow’s binding precedent,” the filing concludes. 

About Brewer Storefront 

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. 

The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions. Notably, in 2015, the Storefront settled a lawsuit brought against the Carrollton-Farmers Branch Independent School District on behalf of Hispanic voters and a cumulative voting system was established as a result. There are currently two Hispanic trustees on the school district’s board. 

The Storefront also successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, 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. 

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Supreme Court Petition Challenges Federal Rule That Denies Civil Rights to Millions of Unpaid Workers

June 6, 2025 — In a direct challenge to what critics call a "legal loophole," through which numerous meritorious claims have fallen, Dr. Cara Wessels Wells petitioned the U.S. Supreme Court to extend Title VII protections to unpaid workers – potentially reshaping civil rights law.

Wells, a scientist and entrepreneur, alleges she was subjected to sexual harassment, retaliation, and abrupt exclusion from Texas Tech University’s business accelerator program – where she served as a mentor – after speaking out about the misconduct. The district court and the Fifth Circuit Court of Appeals ruled she was not legally an “employee” because her work in 2022 was unpaid.

At the heart of her petition is a challenge to the Fifth Circuit’s application of the “threshold-remuneration” test, a rigid rule that categorically bars unpaid workers from Title VII protection. The petition argues that the rule contradicts both the text and intent of federal civil rights law and is inconsistent with how several other circuits treat unpaid employment relationships.

In the petition, received by the Court on June 4, 2025, Wells warns of the national consequences of the current circuit split:

“An unpaid volunteer firefighter in Tennessee (Sixth Circuit) may be able to prove she is an employee and hold her harasser accountable under Title VII, whereas her counterpart just across state lines in Mississippi (Fifth Circuit) could be categorically denied any recourse... Such an outcome is intolerable under a comprehensive federal civil rights statute and demands this Court’s intervention.”

Brewer partner and lead counsel for Wells, William A. Brewer III, says, “Protection from discrimination in the workplace should not hinge on whether or not you happen to draw a paycheck. The Fifth Circuit has turned Title VII into a privilege for the paid, not a right for the working.”

Wells filed her original complaint in March 2023, claiming she was subjected to years of sexual harassment and degradation at Texas Tech, and then denied compensation and patent royalties to which she was entitled. In the complaint, Wells describes the inner workings of a hierarchical system where TTU professors Dr. Samuel Prien and Dr. Lindsay Penrose allegedly took credit for her work, subjected her to harassment and humiliation, and retaliated when she complained to school leadership. Thereafter, the University shielded the professors from accountability.

While the Second, Fifth, and other circuits require financial compensation as a threshold for employment protection, the Sixth and Ninth Circuits instead apply a common-law agency test, examining the relationship’s totality. Wells' petition urges the Supreme Court to resolve this doctrinal rift and affirm that Title VII’s protections extend to those whose roles may be unpaid but whose labor is real.

Wells’ case is particularly timely given the prevalence of unpaid labor in internships, academic research, startups, and public service. Legal scholars call the remuneration rule “unduly rigid” and warn it leaves millions of non-traditional workers without recourse when harmed.

The Supreme Court is expected to decide later this year whether to take up the case.

Joining Mr. Brewer in representing Wells is Brewer partner Will Brewer IV and attorneys Jed Sexton and Lucia (Lucy) Arbor.

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William Brewer Writes Op-Ed for Dallas Morning News About Keller ISD Voting Rights Case

William Brewer writes in an op-ed for The Dallas Morning News about how the recent failed proposal to split Keller ISD highlights the failures of the at-large election system used to elect the school board — and the need for a new election system. 

Brewer, with Kent Bhupathi contributing, writes that "Ultimately, at-large voting systems compound inequities in racially diverse communities. Imagine a board that nominally represents everyone but that in practice panders to the preferences of one dominant group. That is what happened in Keller ISD, with the all-white board effectively insulating wealthier communities (where most trustees live) from the financial responsibilities of supporting lower-income students and diverse cultural backgrounds."

Brewer Storefront, the firm's community service legal affiliate, recently filed a Voting Rights Act lawsuit on behalf of plaintiff Claudio Vallejo challenging the at large system. Brewer writes, "The case seeks to implement a cumulative voting system and move to on-cycle elections, reforms that have the potential to break the hold of entrenched majorities and open the door to a more diverse, representative school board."

Read more here

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Star-Telegram Reports Keller ISD Drops Controversial Plan, VRA Lawsuit Continues

March 14, 2025 - The Fort Worth Star-Telegram reports that while the Keller Independent School District board no longer is considering splitting the district, a voting rights lawsuit against the district will continue. 

The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), 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. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments. 

Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.  

Brewer Storefront Partner William Brewer told the Star-Telegram that the Voting Rights Act lawsuit challenging the at large election system used to elect school board trustees will go forward.

“We are pleased that Keller ISD — in the face of the legal action taken by our client — reconsidered splitting the district,” Brewer said. “Of course, our client will press forward with his Voting Rights Act lawsuit against Keller ISD and continue to shine a light on actions detrimental to the district’s academic mission.”

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

February 15, 2025 - The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), 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. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments. 

Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.  

As of the 2023-24 school year, KISD was a majority-minority school district, enrolling 33,250 students, of whom nearly 25% are Hispanic.  

Yet, all seven of the board members are white and non-Hispanic. The complaint cites three Hispanic and Spanish surname candidates who ran for the board in recent years—and lost. The complaint states that Hispanic teachers are underrepresented among KISD faculty, with 14% of teachers being Hispanic compared to a quarter of students who are Hispanic. Additionally, the interim superintendent and all five current assistant superintendents are white.   

“The at-large election system used by Keller ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who would best represent the needs of the majority of children who attend schools in KISD," says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Vallejo, a parent of KISD students.

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 requests a new election system complying with the Voting Rights Act and Constitution, including a cumulative voting system and a shift to on-cycle elections. A cumulative voting system, included in the Texas Education Code, enables each voter to cast a number of ballots, for any one or more candidates in the manner of their choosing, equal to the number of positions to be filled at the election. 

As the complaint states, a significant achievement gap exists within KISD schools. On the 2024 STAAR exams, while 69% of the white students met grade level, only 51% of the Hispanic students and 40% of the African American students met grade level. 

A current proposal is under consideration that would split the district in half, breaking off the more diverse west side in which Vallejo resides, would increase segregation, and leave a predominantly white and affluent Keller ISD to the east situated in Keller proper. Currently, five of seven trustees reside on the East Side of the district within the Keller High School feeder pattern. 

 The lawsuit says, “From the outside looking in, KISD portrays itself as a premier public school district lauded for its commitment to academic excellence and student success. Families move to the district attendance area in pursuit of high-quality education, believing KISD to be a model of opportunity and fairness. However, for Mr. Vallejo, a long-time resident and invested parent, this image is far from reality.” 

The son of Mexican immigrants, Vallejo deeply values the importance of education and received a bachelor’s degree in advertising with a minor in business administration from The University of Texas at Arlington. He is personally invested in KISD and currently has a son in fourth grade and a daughter in first grade at KISD’s Bette Perot Elementary School. He specifically moved into the district boundaries and bought a home in Fort Worth in 2021, so his children could attend KISD – now at risk due to the proposal to split the district in two.  

“I am bringing this lawsuit to improve political opportunity for local voters, and to help ensure that every child, school, and section of the community is represented,” Vallejo says. “The current controversy over potentially splitting the school district brings to light the underrepresentation of diverse voices on our board.”  

The lawsuit further describes that, “The consequences of this systemic imbalance have been stark. The Board’s recent actions – particularly its rushed contemplation of detachment – represent an unprecedented departure from established procedures, while disregarding community input in a way that makes clear the at-large system has produced a Board indifferent to the interest of residents like Plaintiff. The result is not only a threat to the educational opportunities Plaintiff fought to secure for his children but also a direct attack on the value of his home and his stake in the District’s future.” 

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. 

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CBS News Texas Reports on Storefront Lawsuit Against Keller ISD

February 14, 2025 — Brewer Storefront founder William A. Brewer III appeared on CBS News Texas today, speaking on behalf of his client, Keller Independent School District (Keller ISD) parent Claudio Vallejo, regarding his case against Keller ISD and its Board of Trustees. In a lawsuit filed on February 14, Vallejo alleges that the Keller ISD electoral system violates the Voting Rights Act of 1965. 

"This Voting Rights Act of course provides a remedy for voters of color whose votes are being diluted by any [improper] scheme," Brewer said.

The lawsuit says, “From the outside looking in, KISD portrays itself as a premier public school district lauded for its commitment to academic excellence and student success. Families move to the district attendance area in pursuit of high-quality education, believing KISD to be a model of opportunity and fairness. However, for Mr. Vallejo, a long-time resident and invested parent, this image is far from reality.” 

As of the 2023-24 school year, KISD was a majority-minority school district, enrolling 33,250 students, of whom nearly 25% are Hispanic. Yet, all seven of the board members are white and non-Hispanic.

Currently, KISD trustees are elected through at-large elections, which Vallejo claims denies Hispanic voters the opportunity to elect candidates of their choosing. The Storefront proposes that Keller ISD has options to adopt a more inclusive voting system, including a cumulative voting model. He believes a more diverse board would be able to better address performance gaps seen in minority students. 

To watch the report, click here

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Fort Worth Star-Telegram Reports on Voting Rights Lawsuit Against Keller ISD

February 14, 2025 – The Fort Worth Star-Telegram reports that Brewer Storefront filed a lawsuit against the Keller Independent School District (KISD) in federal court on behalf of plaintiff and Keller parent Claudio Vallejo, alleging that the district's at-large election system violates the Voting Rights Act of 1965.

The article states that the at-large electoral system dilutes the votes of minority voters, particularly Hispanic voters. The report also referred to the current "uproar" over a proposal to split Keller ISD in half, seeking to separate the relative more affluent and white east side from the less affluent, more racially diverse west side. Five of Keller's seven board members reside on the east side. 

Attorney William A. Brewer III, partner at Brewer Storefront and lead counsel for Vallejo, provided a statement to the Star-Telegram: “The at-large election system used by Keller ISD dilutes the votes of the significant number of Hispanic citizens. Given the racial polarization that exists, white voters are able to block Hispanic voters from electing school board candidates of their choosing — those who would best represent their schools, children and community. As the controversial proposal to split the district in two underscores, the consequence of the at-large voting scheme is a collection of white trustees who are out of touch with the needs of the majority of the children who attend KISD schools.”

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