Dallas Morning News: Supreme Court Refuses Farmers Branch Immigration Ordinance
March 3, 2014 – The Dallas Morning News reports that the U.S. Supreme Court declined to review a lower-court ruling finding a rental ordinance in Farmers Branch, Texas, unconstitutional.
The ordinance sought to ban landlords from to renting to people who are in the U.S. unlawfully . The court’s decision brough ta seven-year legal battle to an end. The ordinance was never enforced.
Attorney William “Bill” Brewer said of the conclusion of the case that, “This is over...Our hope is that the city will close this unfortunate chapter in its history and begin to embrace the changing demographics of the community – as part of a more inclusive and dynamic future.”
Read more here.
Law360: 5th Circ. Strikes Dallas Suburb’s Immigrant Rental Law
July 23, 2013 – Law360 reports that an en banc Fifth Circuit court permanently enjoyed a law passed by the City of Farmers Branch, Texas, that intended to prevent those living in the country illegally from renting property.
The article added that the five-judge majority opinion by Judge Stephen Higginson affirmed a lower court ruling and said Farmers Branch went too far by imposing criminal penalties on landlords and tenants and by allowing state courts to review determinations of immigration status.
“We are pleased with this outcome and appreciate the service of the court,” said William A. Brewer III of the Bickel & Brewer Storefront (now Brewer Storefront), a pro bono counterpart of the Brewer firm. “Farmers Branch thrust itself into the national debate over immigration – and this outcome was critically important for those who believe immigration reform must take place at the federal level.”
The case is Villas at Parkside Partners et al. V. The City of Farmers Branch, Texas.
Read more here.
Dallas Business Journal Reports on Settlement in American Cancer Society Lawsuit
June 4, 2013 — The Dallas Business Journal reports that the Bickel & Brewer Storefront, the community service affiliate of the Dallas law firm, has reached a settlement on behalf of the American Cancer Society in connection with weather-related losses during the 2012 Cattle Baron's Ball.
The American Cancer Society filed suit against an insurance agency and insurance brokerage firm alleging they "botched" an insurance policy that should have allowed for the collection of $300,000 due to storm-induced losses after heavy rains soaked the event venue.
The report states, "The suit claimed Cattle Baron's Ball organizers wanted and thought they had purchased coverage that would pay if it rained an inch or more between 4 p.m. and midnight on the day of the event at Southfork, which it did. Instead, the rainfall was measured at Collin County Regional Airport in McKinney, more than 12 miles away from the event site, where less than an inch fell."
Terms of the settlement with insurance agency Ragland Strother & Lafitte were not released.
Dallas Morning News: Grand Prairie ISD Sued Over At-Large Elections in Latest Voting Rights Act Suit
May 13, 2013 – The Dallas Morning News reports that a federal lawsuit was filed against the Grand Prairie Independent School District (GPISD) over its at-large school board elections.
The lawsuit, filed by Bickel & Brewer (now Brewer, Attorneys & Counselors) on behalf of plaintiff Victor Rodriguez, claimed that the at-large system was designed to protect the political power of the Anglo majority and deny representation to Hispanic citizens of voting age in the district. Hispanic students made up the majority of the district's enrollment, yet all seven school board members were white men.
The lawsuit argued that the election system prevented Hispanic voters from having the ability to participate effectively in local elections.
“The voting system is inappropriate in our view,” said William A. Brewer III, lead counsel for Rodriguez, a voter in the school district. “When you talk to the demographic experts about whether you can create Hispanic opportunity districts, this is another one of these cases where change is needed in order for the Hispanic electorate to have the ability to participate."
The article further details the history of similar lawsuits filed by Brewer in nearby cities, such as Farmers Branch and Irving, which led to changes in their voting systems.
Read more here.
Dallas Morning News: Farmers Branch Rent Law Rejected
March 22, 2012 – The Dallas Morning News reports that the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city was unconstitutional.
The decision on March 21, 2012, found that the power to control immigration rests with the federal government and not states or cities.
The appeals court judges found the ordinance was more than a housing regulation and was “designed to burden aliens, both documented and undocumented, in Farmers Branch. As such, the ordinance serves no legitimate city interest.”
Attorney William Brewer, who challenged the ordinance, said the opinion made it “clear that this ordinance was intended to discriminate against Hispanics.”
Brewer, a partner at Bickel & Brewer Storefront (now Brewer Storefront), stated that “The decision makes clear what we have contended all along – that the ordinance is unconstitutional, and that the city is attempting to interfere in an area that is clearly the province of the federal government.”
Read more here.
Dallas Morning News: Judge Rejects Rental Ban
March 25, 2010 – The Dallas Morning News reports that U.S. District Judge Jane Boyle of Dallas issued a permanent injunction to stop the City of Farmers Branch from enforcing a city ordinance banning illegal immigrants from renting apartments.
The judge ruled that Ordinance 2952 was an attempt to enforce U.S. immigration laws, something she said only the federal government can do.
William “Bill” Brewer, the lead attorney for the plaintiffs, said the firm would continue the fight on behalf of the landlords in the city challenging the ordinance.
The article noted that about one-quarter of Farmers Branch residents were born outside the United States, and about 47 percent of the city’s population was Hispanic.
“We’ve been involved... because of the broader implications of how we are all going to live together,” Brewer said. “I not only owe that to my clients but I owe it to my children.”
Read more here.
Wall Street Journal: Latino Activists Seize on Texas Ruling to Boost Voting Power
July 25, 2009 – The Wall Street Journal reports on Brewer Storefront’s successful Voting Rights Act lawsuit and federal court decision that ordered Irving, Texas, to reorganize its City Council election system to give Hispanics more voting power.
The reporting observed that Latino activists were using the successful case as a “template” nationwide in efforts to force electoral changes in communities.
U.S. District Judge Jorge Solis ruled that the city’s system of electing council members “at large” diluted the influence of Hispanic voters. The new system to remedy the violation was described as likely to be electing council members by district (a transition approved after this article’s publication).
The Journal article noted that following the decision, “With the data in hand, [Latino activists] plan to press politicians to give Latino residents more influence when they redraw congressional and state legislative districts, and to force cities and towns to retool municipal elections -- or face lawsuits like the one in Irving.”
The lawsuit was brought by Manuel Benavidez, a Hispanic resident, and while Latinos made up nearly 42% of the city’s population, only one Latino had won a city council seat in the prior 20 years, and he did not have a Spanish surname nor did he acknowledge any Hispanic heritage until after his election.
Bill Brewer, the attorney who represented Benavidez, said his “phone has been ringing off the hook” since the court ruling from activists in other cities who wanted to bring similar cases.
Read more here.
Dallas Morning News: Closing Arguments Heard in Irving Voting Rights Trial
February 21, 2009 – The Dallas Morning News reports that closing arguments were held in a trial over whether the Irving City Council’s at-large voting system suppressed the votes of Hispanics and violated the Voting Rights Act.
U.S. District Judge Jorge Solis said he hoped to decide within a month whether to require the council to create single-member districts.
Brewer Storefront represented plaintiff Manuel Benavidez, who filed the federal lawsuit claiming that the city’s at-large voting system blocked the votes of Hispanics.
David Ely, an expert for Benavidez, testified that he found several possible districts where eligible voters were mainly Hispanic.