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.
Bloomberg Law Reports on Sexual Harassment Lawsuit
November 13, 2023 – Bloomberg Law reports that former Polsinelli PC attorney Julia Rix urged a federal judge to allow her sexual harassment suit against the law firm to proceed.
Brewer, Attorneys & Counselors represents Rix. According to an opposition filing by Rix in the United States District Court for the District of Columbia, the dismissal motion by the firm and alleged harasser Gabriel Dabiri is a “desperate bid” to avoid “public scrutiny” of her claims of sexual harassment and retaliation, and an effort to avoid local human rights laws.
The firm and Dabiri “will be forced to contend with the misconduct alleged and their failure to investigate it properly,” William A. Brewer III, Rix’s attorney, added in a statement. “Rix believes the record—replete with late night overtures and sexual advances, followed by blatantly retaliatory actions—speaks for itself.”
To read more, click here.
Brewer Firm Featured in Law 360 Profile
November 2, 2023 – Brewer partner William A. Brewer III was part of a “meet the attorneys” profile in Law 360. The article comments on Brewer and senior associates Will Brewer IV and Samantha Daniels, all representing client Julia Rix in her lawsuit against the Polsinelli law firm and two firm partners. The profile explores background information about the Brewer firm, its compensation structure, and work in the philanthropic arena.
With respect to the Rix matter, the article says, “Julia I. Rix sued Polsinelli in September, alleging two older, married senior partners ‘insisted on late-night rendezvous, communicated their sexual interest in her and forced unwanted physical intimacy. An international corporate attorney, she says she was fired without cause after reporting the alleged misconduct to the head of human resources.”
To read more, click here.
National Law Journal, Others Report on Sexual Harassment Lawsuit
September 21, 2023 – The National Law Journal (NLJ) reports on a lawsuit from Brewer client Julia Rix against Polsinelli law firm. The lawsuit alleges that Rix was “sexually harassed by two senior firm shareholders and that when she reported the misconduct, Polsinelli ‘retaliated’ by terminating her employment,” according to the NLJ.
As reported, “The plaintiff, Julia Rix, claims that she was ‘repeatedly hounded’ by the two shareholders who ‘insisted on late-night rendezvous, communicated their sexual interest in her, and forced unwanted physical intimacy’ over her two years of work at the firm. She filed suit last Friday in the Superior Court of the District of Columbia, seeking $20 million.
The lawsuit was filed against Polsinelli and the shareholders, referenced in the suit as Dov Scherzer, a senior technology and privacy attorney, and Gabriel Dabiri, leader of the firm’s private credit and cross-border finance practice and the firm’s New York office managing partner.”
The NLJ article was preceded by reports in the ABA Journal, Above the Law, and Law 360.
ABA Journal Reports on Sexual Harassment Lawsuit Against Polsinelli
Sept. 19, 2023 – The American Bar Association (ABA) Journal reports on a lawsuit by Brewer client Julia Rix against Polsinelli, accusing the firm and two of its partners of sexual harassment. According to the article, “A former international corporate attorney at Polsinelli has alleged that she experienced ‘callous gaslighting’ and retaliation by the law firm when she complained about sexual harassment by two influential senior partners.”
The article continues, “In a $20 million lawsuit filed Sept. 15, plaintiff Julia I. Rix said she was ‘repeatedly hounded’ by the two male partners who wanted her to join them for after-hours drinks and hotel meetings. She was also forced ‘to endure salacious comments about her appearance’ and subjected to an unwanted kiss in ‘one sordid episode,’ the suit alleges.” As reported, Rix’s suit, filed in Washington, D.C., civil court, alleges breach of contract, violations of Title VII of the Civil Rights Act, violations of Washington, D.C., human rights law, and infliction of emotional distress.
Brewer partner William A. Brewer III said in a statement to the ABA Journal: “Like many other women in the legal industry, our client claims she was subjected to unwanted sexual harassment at the hands of senior leaders in the firm. Our client believes that Polsinelli not only failed to protect her but revictimized her by failing to properly investigate her allegations. When our client bravely stepped forward to report the abuse she endured, she claims the firm did the unimaginable: immediately terminated her employment. She filed this matter to lay bare a culture of harassment that has victimized many in the workplace and has been intentionally shielded from public view. That ends today.”
Click here to read the full article.
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.
FOX News Reports on NRA Lawsuit Against ATF, DOJ
July 3, 2023 – Fox News reported today on a lawsuit filed by the National Rifle Association of America against the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and others over a rule regulating stabilizing braces for pistols.
As reported, Brewer client the NRA is challenging the controversial “pistol brace rule” that impacts millions of America’s gun owners - subjecting them to fines and penalties.
As the report states, "NRA argues in its complaint that the rule is unconstitutional, as the ATF reverses its long-standing position that pistol braces do not transform pistols into rifles subject to onerous registration and taxation requirements under the National Firearms Act."
"The NRA is pursuing every possible avenue in defense of its law-abiding members and their constitutional freedoms," William A. Brewer III, counsel to the NRA, told Fox News. "Our members should be free of the threat of enforcement of this presumptively unlawful rule. We are confident that we will prevail in obtaining the same relief for them that has already been granted to members of other gun rights groups."
Read more here.
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.