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.
William Brewer Writes in The Dallas Morning News in Support of Releasing Texas School Accountability Ratings
September 15, 2024 -- The Dallas Morning News published a letter to the editor written by Brewer Partner and Brewer Foundation Future Leaders Program (FLP) founder William A. Brewer III calling for the release of Texas school accountability ratings.
The FLP is a is an award-winning public-private partnership that provides academic resources and leadership training to economically disadvantaged students in the Dallas Independent School District. The Brewer Foundation on September 5, 2024, filed a petition in intervention in Travis County court on behalf of its Brewer Foundation Future Leaders Program (“FLP”), seeking the release of the Texas Education Agency (“TEA”) 2024 A-F accountability ratings for school districts and campuses.
On August 12, 2024, a Travis County judge blocked the scheduled release of the school ratings with a temporary restraining order after five school districts (located across West and South Texas) sued Texas Commissioner of Education Mike Morath in Pecos-Barstow-Toyah Independent School District, et al., v. Mike Morath.
The Foundation is represented by the Brewer Storefront – the community service affiliate of the national litigation firm of Brewer, Attorneys & Counselors.
The full text of the letter as it appeared in the Sunday edition of the newspaper is below:
Release school ratings
Re: “Why we released our schools’ ratings,” by Joe Carreón and Robert Selders Jr., Monday Opinion.
It is encouraging to see Dallas ISD School Board President Joe Carreón call for two items of importance in Texas education: accountability and transparency. Both are in short supply these days in public education — as several school districts recently brought a Travis County lawsuit to block the Texas Education Agency from releasing school ratings statewide. Meanwhile, DISD and a handful of other districts took the lead in releasing their preliminary ratings.
The accountability rating system is an A-F methodology that evaluates districts and schools. By definition, the system promotes awareness of educational challenges, helps identify best practices and instills confidence in parents and students. The ratings also spark interest and engagement — as we all work collectively to improve the educational system in our state.
Our law firm’s community service legal affiliate, Brewer Storefront, filed a petition to intervene in the lawsuit on behalf of our Brewer Foundation Future Leaders Program seeking the release of the ratings. The FLP is a public-private partnership that provides academic resources and leadership training to DISD students. We will argue the issue before the court to give a voice to schools, students and communities.
The plaintiff school districts face considerable challenges with student achievement, with between 51% and 73% of students not meeting grade level last year on STAAR exams. We need a system that identifies such problems and inspires the corrective actions necessary to improve schools. It is not only the Texas educational system that depends on this, but also the future generations it serves.
William A. Brewer III
Bloomberg Law and The Dallas Morning News Report on $60 Million Shareholder Settlement with Biote
July 8, 2024 – Bloomberg Law and The Dallas Morning News report that Biote reached a $60 million settlement with Brewer, Attorneys & Counselors client and Biote shareholder Marci Donovitz in a lawsuit over its merger with a special purpose acquisition company, also known as a “SPAC” or “blank check company.”
Bloomberg Law reported that Donovitz alleged her shares in the hormone therapy company were diluted by the deal. The article reported that the company will buy back her shares over a three-year period, with $30 million paid upfront. Bloomberg reports that the lawsuit filed in Delaware Chancery Court alleged that Biote company insiders benefited from the transaction with Haymaker Acquisition Corp. III that delivered almost no cash to the company.
“This settlement validates our client’s claim that the transaction was a scheme to enrich a few company ‘insiders’ – and reward them with financial and managerial benefits to which they were not entitled,” William A. Brewer III, a partner at the Brewer firm, said in a statement quoted in the media reports.
The Morning News report noted that as part of the settlement, Biote will be forced to repurchase all 8.3 million of Donovitz’s shares at $7.23 each.
The Morning News article observes that SPACs were once a very popular way for companies to go public but have faced scrutiny from the Securities and Exchange Commission in recent years.
Read the Bloomberg Law report here and The Dallas Morning News report here.
The Dallas Morning News Reports on Brewer Foundation Future Leaders Program (FLP)
June 14, 2024 – The Dallas Morning News reports on the Brewer Foundation Future Leaders Program (FLP) holding a session on mental health for FLP high school students participating in the program’s summer camp.
Founded in 2001, the Future Leaders Program (FLP) provides academic resources and leadership training to deserving students from the Dallas Independent School District (DISD).
Instructor Mayra Salinas-Godsey, an FLP graduate who now works at New York University, taught the class, “Rise & Thrive: Building Mental Strength for College Success and Beyond.” The course is intended to assist students with anxiety about applying for and transitioning to college.
“So like most of you, I know, are first-gen or second-gen,” Salinas-Godsey told the students. “We’re pioneers for our family. We are doing things that they may not have ever experienced before. It’s a little scary.”
FLP intern and graduate Erica Salazar, now a student at Northwestern University, said she advises her peers to give themselves grace.
“I know a lot of these students are top A students, like the top of their class, and they’re doing the best that they can do … but once you’re in college, it’s completely different,” Salazar said. “And if you’re doing your best and you still somehow end up stumbling across a small obstacle, it’s OK. It’s OK to feel stress, and it’s OK not to be OK. Don’t be too hard on yourself.”
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.
Dallas Morning News Publishes Brewer Op-Ed on Voting Rights Act Decision
December 4, 2023 — The Dallas Morning News published an op-ed in the Opinion section Monday by partner William A. Brewer III about a new court decision that poses a threat to the Voting Rights Act. The opinion piece, “A dangerous precedent for the Voting Rights Act,” reflects the Brewer Storefront’s continued dedication to enforcing and upholding the Voting Rights Act in Texas communities. The Storefront is the firm’s community-service legal affiliate.
The commentary follows:
Just months after the U.S. Supreme Court upheld Section 2 of the Voting Rights Act, which safeguards against voting schemes that demonstrably dilute the votes of minorities, the law is again under attack.
Recently, a three-judge 8th Circuit Court of Appeals panel ruled 2-1 in a redistricting case filed in Arkansas, that only the federal government can bring a Section 2 voting rights challenge, thereby denying individuals and civil rights groups the right to file lawsuits challenging discriminatory election systems.
The lawsuit brought by the Arkansas State Conference NAACP and others alleges that a proposed redistricting map for the Arkansas House of Representatives denies Black voters an equal opportunity to elect candidates of their choice.
The decision is binding in seven states. The risk is obvious. North Dakota, one of the states covered by the decision, intends to appeal a recent federal judge’s ruling that protected Native American voting rights in the state after tribes and tribal members sued last year seeking a joint majority Native American state House district. State leaders are already seeking to leverage their self-interests over that of Native voters.
The 8th Circuit decision, if affirmed by the Supreme Court, could potentially lead to voters of color across the country being denied any ability to challenge voting systems that overtly deny fair representation.
Section 2 of the Voting Rights Act prohibits voting practices that discriminate based on race, color or membership in a language minority group. Since its passage in 1965, most Section 2 cases concern voters of color filing lawsuits that challenge at-large election systems, arguing that they deny voters of color a fair opportunity to elect candidates of their choosing. By an overwhelming margin, private plaintiffs (individual voters and groups), not the government, bring most Section 2 cases.
The 8th Circuit panel ruling in Arkansas State Conference NAACP vs. Arkansas Board of Apportionment reflects bad jurisprudence and poor historical research. Even worse, it is a potentially damaging outcome for the nation. Since 1965, the Voting Right Act has served as an important tool to protect the votes of those excluded from power by voting systems that deliver power to the few — and keep it from the many.
The Voting Rights Act is particularly relevant in Texas, where the population continues to diversify while, at the same time, elected bodies such as school boards and city councils employ voting schemes that frustrate outcomes that mirror the state’s demographics. Census figures reveal this year that Hispanics make up the largest share of the population in Texas, and yet this reality is not reflected among the political leadership on local and statewide elected bodies.
If this decision stands, it will leave only the U.S. Department of Justice and U.S. Attorney General empowered to bring cases, denying eligible voters the right to challenge their local election systems in court. We know that private lawsuits brought by citizens whose community employs inequitable voting schemes have compelled positive change.
In his dissent in the Arkansas ruling, 8th Circuit Chief Judge Lavenski Smith writes, “Rights so foundational to self-government and citizenship should not depend solely on the discretion or availability of the government’s agents for protection.” Smith is a 2002 George W. Bush appointee, and is African American.
He added that the private plaintiff issue is best left to the Supreme Court.
Importantly, in June 2023, the Supreme Court upheld Section 2 of the Voting Rights Act in a 5-4 vote in Allen vs. Milligan, which was brought by private plaintiffs to protect Black voters.
Our firm is familiar with the importance of the private right of action. Our community service legal affiliate, the Brewer Storefront, has brought numerous voting rights cases in Texas challenging at-large election systems on behalf of Hispanic, Black, Asian and white plaintiffs.
The successful cases have resulted in revamped election systems, often by way of the creation of geographically drawn single-member district seats that include the creation of minority “opportunity” district seats where minority voters make up a majority.
Most importantly, these cases have created a pathway of opportunity: They have resulted in greater representation of minority voters and the election of minority candidates across North Texas.
For example, a Richardson Independent School District voting rights case brought by Brewer Storefront resolved in 2019 resulted in a previously all-white school board becoming majority-minority, better reflecting the majority-minority students the school district educates.
David Tyson, plaintiff in the Richardson ISD case, is a former RISD board member and the first Black American to ever serve on the board. He bravely stepped forward to sue. Tyson was honored this year by the Texas Legislature for his contributions to Richardson, following his voting rights achievement.
Yet, if this 8th Circuit ruling prevails, Tyson’s voice would have been silenced. The inequities of the voting system he challenged would remain today, to the detriment of schools, students and the broader community.
Removing the right of private individuals and organizations to sue under the Voting Rights Act would undermine the civil rights of voters not only in Texas, but nationally. Voting rights are central to civil rights in our democracy. We should fight to protect them at all costs.
Dallas Morning News Publishes Brewer Storefront Op-Ed on Election Timing
August 31, 2023 — The Dallas Morning News published an op-ed in the Opinion section Thursday by partner William A. Brewer III and Marie Brewer calling for the elimination of off-cycle May local elections in Texas and moving elections on-cycle to November to improve voter participation. The article reflects the Brewer Storefront’s continued dedication to enforcing and promoting the Voting Rights Act in Texas communities. The Storefront is the firm’s community-service legal affiliate.
The commentary follows:
In Texas, discriminatory voting practices that depress minority voter participation remain the norm. The Supreme Court’s recent decision in Allen vs. Milligan, upholding Section 2 of the Voting Rights Act, could spark legal challenges to our state’s local and state election systems going forward.
In our state, the Election Code mandates that general and special elections be held on one of the uniform election dates: the first Saturday in May, or the Tuesday after the first Monday in November. Although the code allows for elections to be held “on-cycle” (when state and federal elections occur), many local school board and city council elections are still held in May rather than November.
The timing of elections significantly impacts voter turnout. Experts, like political scientist Sarah F. Anzia, argue that the date of an election is the single greatest factor impacting voter turnout and composition. Other states recognize this and have adjusted their local elections accordingly. New York recently joined California, Arizona and Nevada in moving off-cycle local elections to coincide with statewide and national elections. These states point to increasing voter turnout and opportunity, specifically minority turnout, as the reason for the shift.
Fewer than 25% of Americans vote in elections for their local mayor and city council members, and turnout in off-cycle local elections averages over 30% lower than local elections held during presidential elections. In Texas, the situation is even more alarming. This past May, several major counties could not even reach 10% voter turnout.
All voting systems should aim to increase voter participation, and off-cycle elections especially warrant particular attention due to their disproportionate impact on minority voters. When off-cycle elections are moved on-cycle, minority groups increase their share of the electorate by up to 10 percentage points. Moreover, when local elections coincide with presidential elections, a larger share of voters come from families earning under $30,000 annually, while the share of voters earning more than $100,000 decreases.
When local elections are synchronized with national or statewide elections, the election date garners greater attention and accessibility across all voter groups. Conversely, off-cycle elections result in lower participation by large portions of eligible voters, and minority groups are disproportionately affected.
The past decade of social science research establishes that off-cycle elections undeniably affect voter participation and the makeup of voters who turn up at the ballot box, producing a voter pool that is not representative of the entire community.
As the courts have recognized, factors such as homeownership, education and income are strongly associated with voter turnout. Racial disparities in those factors can therefore contribute to racial disparities in political participation as well.
Although there may have been legitimate concerns in the 1800s and early 1900s that prompted off-cycle elections, such as the desire to separate local races from corrupt and partisan elections held at the federal and state level, there were also more problematic reasons aimed at discouraging voter participation from certain demographics.
Many local Texas communities, with a long history of racial discrimination, still experience disparities in wealth, education and homeownership. It is evident that under the totality of circumstances, off-cycle elections violate Section 2 of the Voting Rights Act. This was not a direct argument in Allen vs. Mulligan, but the case is instructive on many levels: It fosters the belief that voting rights should be protected and any barriers to equal opportunity should be eliminated. And with such a viable alternative of switching to on-cycle elections, there is no reason for this practice to persist where minority groups already struggle to make their voices heard.
Our institutions work best when they are welcoming and inclusive. Texas should embrace the learnings of the recent Supreme Court decision — and awaken to the many ways in which the Voting Rights Act can be used to foster political opportunity.