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.
Brewer Storefront News Release - ADA Lawsuit Filed Against The Lamplighter School
Dallas, TX… April 6, 2021 – Brewer Storefront announced that its clients James and Michelle Hardt filed a lawsuit against The Lamplighter School in Dallas, alleging violations of the Americans with Disabilities Act (ADA) of 1990.
The Hardts filed the lawsuit on April 5, 2021, in U.S. District Court for the Northern District of Texas, Dallas Division, on behalf of their daughter, who was denied re-enrollment at the independent school after being diagnosed with dyslexia and a speech and language disorder. The lawsuit alleges negligence and breach of contract.
“The Lamplighter School portrays itself as welcoming and inclusive, but our clients believe that is a false representation when their child was asked to leave the school after being diagnosed with a learning disability,” says William A. Brewer III, partner at Brewer Storefront and counsel to plaintiffs. “Our clients believe the school failed their child – and the principles upon which it claims to operate as an educational institution.”
Brewer Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors.
According to the complaint, the child was enrolled at Lamplighter for the 2017-18 school year and attended the school for three years. She was denied re-enrollment for the 2020-21 school year. The complaint alleges that the school failed to adequately monitor the child’s academic development and did not make accommodations in response to her learning needs.
According to the school website, Lamplighter’s mission statement states that “Dedicated to igniting the potential of each child, Lamplighter engages children in the joy of learning through intellectual discovery in a creative, inclusive, and collaborative environment.” The school also promotes a “statement of inclusion.”
According to the complaint, “Lamplighter simply neglected its obligations to accommodate the Child’s disabilities and directed the Child to leave and go to a different school.”
The complaint continued, “Furthermore, the re-enrollment denial occurred after a documented, contractually agreed upon deadline for making such decisions – abandoning the Child and her family at a critical juncture in the Child’s formative years.”
The complaint alleges that Lamplighter violated Title III of the ADA when it discriminated against the child because of the child’s disability. The complaint alleged that Lamplighter discriminated against the child by failing to reasonably accommodate the child and denying her enrollment in Lamplighter’s educational programs, and by denying the child the ability to participate in on-site therapy to remediate her disabilities, among other actions.
“We believe this case is important for not only our daughter, but also all families who advocate for children with learning disabilities,” says James Hardt. “We believe accommodations could have been made in this instance, and we hope they will be made going forward for families who entrust Lamplighter with the education of their children.”
Joining William A. Brewer III in representing plaintiffs is attorney Efrain Vera.
Law360 Reports on LGBT Bias Suit Brought By Bankruptcy Attorney
On March 31, 2021, Law360 reported that Brewer client Trey A. Monsour, who is a prominent bankruptcy attorney, brought a lawsuit in Texas federal court against the law firm Polsinelli PC, accusing the firm of discriminating against him based on his sexual orientation.
Mr. Monsour, a former partner at the firm who is gay, alleged that the firm began discriminating against him after he was hired as a partner in the firm's Houston office in 2017.
William A. Brewer III, who represents Monsour in the suit, said in a statement that his client is suing "to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli -- and to champion a call for diversity, tolerance and inclusion in the legal industry."
Law360 reported that according to the lawsuit filing, "Whereas almost all newly hired partners were invariable provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help. The suit alleges that firm leaders also made "derogatory comments" regarding gay employees and that Monsour felt "isolated and without recourse."
Bloomberg Law Reports on Discrimination Lawsuit Against Polsinelli Law Firm
On March 31, 2021, Bloomberg Law reported on a lawsuit filed by Brewer client Trey Monsour against Polsinelli PC law firm in the U.S. District Court for the Southern District of Texas alleging discrimination.
Bloomberg reported, "Polsinelli PC's push to increase its level of diversity and inclusion was just an empty attempt to shed its reputation as a Midwestern, 'good old boys' law firm, for which its 800-plus workforce pay 'the real-world consequences,' a gay former partner charges in a federal lawsuit in Texas."
Bloomberg reported that Monsour, a former Polsinelli bankruptcy partner who is gay, alleged in the lawsuit that he was treated differently from than other similarly situated non-LGBTQ Polsinelli employees. According to the suit, he was denied the assistance of junior attorneys and administrative support that almost all other newly hired partners received.
Bloomberg reported that the lawsuit charges that Polsinelli's commitment to diversity was "nothing more than a marketing ploy." The lawsuit alleges that he was discriminated against based on his sexual orientation and age.
Brewer News Release - Discrimination Lawsuit Filed Against Polsinelli Law Firm
Dallas, TX… March 31, 2021 – Brewer client Trey A. Monsour, a prominent bankruptcy attorney, filed a lawsuit against the law firm Polsinelli PC alleging discrimination based on sexual orientation.
Mr. Monsour worked as a partner in the Bankruptcy Practice Group in the firm’s Houston office.
Filed in the United States District Court for the Southern District of Texas, Houston Division, on March 30, 2021, the lawsuit alleges discriminatory treatment of Mr. Monsour, an openly gay man, after he became an equity partner in June 2017 in its then newly founded Houston office.
According to the complaint, Mr. Monsour, was quickly subjected to harassment, denied adequate support and resources, and terminated for his sexual orientation.
The lawsuit claims Polsinelli violated the Civil Rights Act of 1964 and Age Discrimination in Employment Act, and committed Fraudulent Inducement, among other claims.
“Mr. Monsour alleges he was discriminated against at Polsinelli law firm because he is gay,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to Mr. Monsour. “By any measure, Mr. Monsour is a successful and established attorney. He brings this lawsuit to expose what he believes is a troubling pattern of discrimination based on sexual orientation at Polsinelli – and to champion a call for diversity, tolerance and inclusion in the legal industry.”
According to the complaint, “From the outset, Polsinelli treated Mr. Monsour differently from other similarly situated non-LGBTQ employees. Whereas almost all newly hired partners were invariably provided with associate and administrative support, the firm denied Mr. Monsour these basic resources, despite his repeated appeals to management for help.”
The complaint says, “Polsinelli’s adverse employment actions were made on the basis of Mr. Monsour’s protected age and sexual orientation, a fact starkly punctuated by derogatory comments by firm leaders regarding gay employees that Mr. Monsour overheard firsthand, as well as observations and stories of contemporaneous experiences relayed by Mr. Monsour’s colleagues.”
The complaint alleges that Polsinelli’s self-proclaimed commitment to diversity and inclusion on its website and in marketing materials is a ruse. In fact, diversity numbers remain low at the firm. Mr. Monsour claims that he was induced to join the 800-lawyer firm, based on its public representations and “commitment” to diversity and inclusion.
Joining William A. Brewer III in representing Mr. Monsour is William A. Brewer IV.
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.”
New York Post Reports on Brewer's Representation of NRA in New York Gun Store Lawsuit
On April 3, 2020, the New York Post reported on the NRA filing a federal lawsuit challenging New York Governor Andrew Cuomo's decision to label gun stores "non-essential" businesses.
The article, titled "NRA sues NY for calling gun stores 'non-essential' amid coronavirus," reports that the NRA lawsuit asks the court to declare gun stores essential businesses that can operate during the coronavirus crisis.
The article quotes NRA lawyer William A. Brewer III of Brewer, Attorneys & Counselors. "The current public health emergency does not justify the complete elimination of this right [to bear arms], especially during a time when many New Yorkers have valid concerns about their physical safety and welfare," Brewer said.
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."