Houston Chronicle Reports on Humble ISD Voting Rights Lawsuit
May 10, 2024 – The Houston Chronicle reports on a voting rights lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).
The article notes that the lawsuit states that the district has a geographically significant Hispanic population that would allow for at least one Hispanic-majority single member district to be drawn for increased representation.
The article notes that the lawsuit comes after the Storefront sent letters to 11 school districts in March as part of a statewide initiative to secure voting rights among Texas’ minority populations.
Brewer Storefront Partner William Brewer told the Chronicle that the plaintiff is now taking action because "time is of the essence when people are being denied the right to fairly participate in the political process," adding that the board "indicated no meaningful willingness to bring the electoral system into compliance with the Voting Rights Act."
Read the Houston Chronicle report here.
Lawsuit Claims Humble ISD Electoral System Violates Voting Rights Act of 1965
Dallas, Texas…May 9, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Judith Bautista against the Humble Independent School District (Humble ISD) and its trustees, 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.
Filed in the United States District Court for the Southern District of Texas, Houston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic 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 board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cities Hispanic candidates who ran for the board in recent years, such as Asdrubal “Dru” Gutierrez in 2023 and Liz Diaz in 2021, who lost to white candidates.
“Our client believes the at-large election system used by Humble ISD denies Hispanic voters 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 Judith Bautista. “The suit seeks the court-ordered adoption of a single member district voting system that allows every member of the community an equal opportunity to elect candidates of their choosing.”
In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront sent warning letters to 11 school districts on March 6, including Humble ISD, advising that they are violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least four opportunity districts for minority voters, including at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority.
“The school board refused the opportunity to avoid litigation and proactively change the election system to comply with the Voting Rights Act,” Brewer said. “Our plaintiff has stepped up in an effort to secure a fair chance for Hispanics to attain a seat on the board that oversees management of the school district, including hiring the superintendent. Such representation benefits students, schools, and communities – in the pursuit of greater opportunity for all children.”
Humble ISD is a richly diverse school district. As of the 2022-23 school year, students of color comprised more than 70% of the Humble ISD student body and more than 38% of students were Hispanic. The district enrolls nearly 48,000 students. However, a significant “achievement gap” between Hispanic and white students, and between the lower performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the members of the Humble ISD board of trustees reside.
According to the complaint, all individuals in the top seven highest- ranking administrative positions in the District are white – the superintendent, associate superintendent, two deputy superintendents, and three assistant superintendents.
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 alleges that, “The Hispanic population within the Humble ISD is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the citizen voting age population.”
The lawsuit continues, “Further, the Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”
According to the lawsuit, the numbers of Hispanic voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which Hispanics are a majority.
Bautista, who is Mexican American, is the daughter of immigrants from Monterrey, Mexico, a U.S. citizen, registered voter and homeowner. Her two children attend Humble ISD schools.
She previously worked as a Spanish teacher at Humble ISD’s Summer Creek High School from 2017 to 2023. She is currently enrolled in the Hispanic Studies Ph.D. program at the University of Houston, pursuing a concentration in Latino studies. Her thesis is focused on the implementation of cultural programs in schools to promote cultural diversity and language maintenance.
Ms. Bautista’s community involvement is extensive. She has volunteered for Raíces Unidas (United Roots), an organization in Houston focused on linking the Hispanic community with essential resources. She also has volunteered with the National Hispanic Professional Organization (NHPO) in Houston.
“I am concerned about the lack of sensitivity toward equity and diversity in Humble ISD,” said Bautista, who intends to run for the school board in 2025. “Much work is needed in Humble ISD to better serve the Latino community.”
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.
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.
Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront
Phone: 214.653.4832
E-mail: kunmuth@brewerattorneys.com
Washington Examiner Reports on Brewer Client NRA’s Legal Victory Against ATF
April 2, 2024 – The Washington Examiner reported on Brewer client NRA and its recent legal victory over the ATF. A Texas court recently enjoined the “pistol brace rule” from taking effect against NRA members. The legal win is the most expansive ruling of its kind to date – protecting millions of NRA members across the nation.
As reported in the article, “Big Win for NRA in Battle with Biden’s ATF,” “The decision followed other court rulings protecting the 3.7 million members of three other gun groups from the ATF action that abruptly changed the definition of rifles to include the AR pistols, among the most popular firearms in the country. Under the new rules, they will be taxed and registered.”
“The NRA will continue to play offense against this unconstitutional rule,” says NRA interim EVP and CEO Andrew Arulanandam. “This is yet another example of the NRA fighting for its members — and protecting the constitutional freedoms in which they believe.”
Law360 Reports on Legal Win for NRA
March 29, 2024 – Law360 reported today on a legal win for the NRA in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over the “pistol brace rule.”
The NRA filed suit in the Northern District of Texas on July 3, 2023, against the ATF, the U.S. Department of Justice, and Steven M. Dettelbach, in his official capacity as director of ATF, seeking to enjoin the ATF’s unconstitutional rule, which would have reversed 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.
As reported, “The court found that the final rule violates the Administrative Procedure Act, which governs how federal agencies develop and issue regulations, and that the NRA had a "substantial likelihood" of succeeding on the merits. According to the opinion, the gun rights group also demonstrated that it had Article III associational standing to bring the action on behalf of its members.”
According to Law360, the NRA successfully argued its members face irreparable harm from the new rule, which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of a brace.
"The NRA has emerged as a leading voice in opposition to this unlawful attempt to limit Second Amendment freedom," said NRA counsel William A. Brewer III in a statement. "When it was determined NRA members could not benefit from other injunctions, the association moved to the tip of the spear in the advocacy and prevailed in obtaining sweeping relief for its members."
Joining Brewer in representing the NRA are firm partners Noah Peters and Matthew H. Davis.
Read more here.
Brewer Firm Scores Legal Victory for NRA in “Pistol Brace” Lawsuit
March 29, 2024 – The National Rifle Association of America (“NRA”) announced a major legal victory today, as a Texas court enjoined the “pistol brace rule” from taking effect against its members. The legal win is the most expansive ruling of its kind to date – protecting millions of NRA members across the nation.
The NRA filed suit in the Northern District of Texas on July 3, 2023, against the ATF, the U.S. Department of Justice, and Steven M. Dettelbach, in his official capacity as director of ATF (“Defendants”), seeking to enjoin the ATF’s unconstitutional rule, which would have reversed 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.
Today, U.S. District Judge Sam A. Lindsay agreed with the NRA that it has “associational standing” to pursue this case because it is a traditional membership organization whose members rely on the NRA to protect their gun rights. In other words, the NRA is the voice of its members. Further, Judge Lindsay applied the Fifth Circuit’s earlier holding in Mock v. Garland that the ATF failed to go through an appropriate notice-and-comment period before issuing its “pistol brace rule,” making major revisions to the rule without acknowledging the hundreds of thousands of negative comments from the NRA and its members across the nation, thus rendering it likely unlawful.
“The NRA has emerged as a leading voice in opposition to this unlawful attempt to limit Second Amendment freedom,” says NRA counsel William A. Brewer III. “When it was determined NRA members could not benefit from other injunctions, the Association moved to the tip of the spear in the advocacy and prevailed in obtaining sweeping relief for its members.”
Joining Brewer in representing the NRA are firm partners Noah Peters and Matthew H. Davis.
Fort Worth Star-Telegram Reports on Brewer Storefront Voting Rights Efforts in Tarrant County
March 13, 2024 – The Fort Worth Star-Telegram newspaper reports on Brewer Storefront and its newly-announced Texas Voting Rights Initiative (TVRI). As reported, the Storefront sent warning letters to two school districts in Tarrant County – Arlington Independent School District and Eagle Mountain-Saginaw Independent School District.
The letters accuse the school districts of violating the Voting Rights Act of 1965 and denying voters of color an equal opportunity to elect candidates of their choice. Brewer Storefront is the community service affiliate of Brewer, Attorneys & Counselors. Announced on March 7, 2024, 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.
“What we’re hoping is that the letters would be greeted with a positive response and that the outcome would be an invitation to work with our experts to help define a voting system that actually encourages participation and engender change,” William Brewer III told the Star-Telegram.
The report noted that Brewer stated that he hopes the school districts will work with his team to address the issues, but the firm is also prepared to effect change through the courts.
Read more here.
Dallas Morning News Reports on Brewer Storefront Texas Voting Rights Initiative
March 7, 2024 – The Dallas Morning News reports that Brewer Storefront 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.
Law360 Publishes Expert Analysis by William Brewer on Threat to the Voting Rights Act
January 19, 2024 – Partner William Brewer writes in Law360’s “Access to Justice” section about a split among circuit courts regarding private citizens’ ability to sue under Section 2 of the Voting Rights Act (VRA). Section 2 of the VRA prohibits voting practices and procedures that discriminate on the basis of race, color or membership in a language minority group.
“If allowed to stand, the ruling imperils the ‘foundational’ right to self-government and creates a split among circuit courts regarding the standing of private citizens’ ability to sue – casting doubt on the future protection of voting rights in the United States,” Brewer writes.
He writes that while the Supreme Court upheld the VRA in Allen v. Milligan in June 2023, a ruling by the Eighth Circuit in Arkansas State Conference NAACP v. Arkansas Board of Apportionment threatens the VRA by finding that only the federal government can bring Section 2 VRA cases, not individuals and groups. Days before the Eighth Circuit decision, the Fifth Circuit affirmed the existence of a private right of action in Robinson v. Ardoin, creating the circuit court split.
Brewer emphasizes that since Section 2’s passage, hundreds of suits have been brought by private citizens serving as plaintiffs.
“If the case proceeded to the Supreme Court and the court were to rule that there is no private right of action, it would gut Section 2 and offer voters of color no individual power to seek remedies under the law. Such a ruling would nearly destroy the VRA,” Brewer writes.
Brewer concludes by urging that the private right of action must be clarified and that, “The prioritization of fairness and equal access to the voting process should ultimately prevail – to protect the rights of private plaintiffs and the freedoms that define our democracy.”
Read the article here.
Associate Malvina Palloj and Brewer Storefront Associate Director Katherine Leal Unmuth contributed to the article. The Storefront is the Brewer firm’s community service affiliate and has brought many successful Section 2 VRA cases in North Texas.