DMN Columnist Quotes Partner on Importance of the Texas Open Meetings Act (TOMA)
Dallas Morning News Watchdog Columnist Dave Lieber quoted Partner William Brewer in a column that appeared on the front page of the March 15, 2019 Metro Section print edition of the newspaper. The column was critical of a recent Texas Court of Criminal Appeals decision striking down a key provision of the Texas Open Meetings Act (TOMA) that outlaws “walking quorums.”
Such walking quorums occur when a governing body meets in a smaller group to avoid a quorum and deliberates on future actions in secret, thus circumventing the TOMA requirement that meetings that constitute a quorum must be held in public. The Storefront, the firm’s pro bono community service affiliate, has previously brought lawsuits under this provision.
Additionally, the column highlighted that Brewer has sued several local school districts over voting rights and also has brought lawsuits over open meetings violations.
Brewer discussed the importance of open government: "People act better when they include all points of view, and they have to make a decision out in the open,” he said. “Government works better in the cleansing light of these sunshine laws.”
Lawsuit Claims Lewisville ISD Electoral System Violates Voting Rights Act of 1965
Brewer Storefront filed suit in federal court on February 12, 2019, on behalf of plaintiff Frank Vaughan, 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.
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 are white.
“Our client believes the voting scheme utilized by Lewisville ISD unfairly denies people 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 Frank Vaughan. “We believe the school board should adopt a more representative electoral process to serve this multiracial and ethnically diverse school district.”
The Dallas Morning News published an article about the lawsuit on the front page of the newspaper’s print edition on February 13. Other local media outlets reported on the lawsuit, including Community Impact and The Cross Timbers Gazette.
Brewer Storefront Announces Resolution of Richardson ISD Voting Rights Act and Texas Open Meetings Act Cases
The Brewer Storefront announced on January 17, 2019, that a settlement was reached with the Richardson Independent School District (“Richardson ISD”) in the Voting Rights Act and Texas Open Meetings Act (“TOMA”) lawsuits filed against the school district last year on behalf of plaintiff and former Richardson ISD school board trustee David Tyson, Jr.
The parties’ agreement resolves all claims against Richardson ISD. All seven members of Richardson ISD’s school board are currently elected at-large. Mr. Tyson claimed that the district’s voting scheme violates the Voting Rights Act of 1965. The agreement provides for a new electoral system consisting of five single-member districts and two at-large districts.
“We are pleased that the Richardson ISD school board agreed to adopt an electoral system that provides minority voters a fair opportunity to participate in the political process,” said William A. Brewer III, partner at Brewer Storefront, the firm’s community service legal affiliate. “We also commend the board members for taking steps to provide greater transparency in connection with their decision making. This is a transformational outcome for the local community – a moment that celebrates all who were part of this agreement and hopefully provides instruction to other school boards across the state.”
Joining Brewer in representing Mr. Tyson were Partner Michael J. Collins and Katherine Leal Unmuth of the Brewer Storefront’s Public Affairs Division.
The Dallas Morning News, Texas Tribune and other media outlets reported on the news. The Dallas Morning News published an article on the settlement on the front page of the January 18, 2019, newspaper.
Texas Tribune Reports on Brewer Storefront Lawsuit
The Texas Tribune published an in-depth article regarding the latest voting rights lawsuit brought by Brewer Storefront, the firm’s community service legal affiliate. The firm recently filed a lawsuit against the Richardson Independent School District on behalf of plaintiff and former RISD Trustee David Tyson. The Dec. 11 article is titled “Richardson ISD’s student demographics have significantly changed. The makeup of its school board hasn’t.”
The article highlights the firm’s long track record of advocacy in the area of voting rights and states, “Over the last several years, William Brewer, a Dallas corporate lawyer with a reputation for playing hardball, has challenged North Texas school districts and city councils to change their elections systems — and his firm hasn’t lost a voting rights fight yet.”
The article is part of an education series being published by the Tribune titled “Dis-Integration.”
Lake Highlands Advocate Profiles Pro Bono Work by William Brewer
The Lake Highlands Advocate published a profile on October 10, 2018, of Partner William Brewer and his pro bono work through the Brewer Storefront, the community service legal affiliate of the firm. The article noted that the Storefront has prevailed in many voting rights lawsuits.
Brewer also discussed the most recent voting rights lawsuit brought by the Storefront, challenging the at-large election system used to elected the Richardson Independent School District Board of Trustees in North Texas.
“Our track record is that we don’t bring cases just to harass,” Brewer told the Advocate. “We bring cases where we believe change is needed and because we’ve done legal factual research.”
Dallas Morning News Watchdog Columnist Applauds Brewer Storefront TOMA Action
Dallas Morning News Watchdog Columnist Dave Lieber wrote a column, “Here’s How a Trustee Says School Boards Violate Texas Open Meetings Law,” dated August 3, 2018, that explores a newly filed Brewer Storefront Texas Open Meetings Act (TOMA) lawsuit. The column focuses on a lawsuit filed by Brewer Storefront, the firm’s community service legal affiliate, against Richardson Independent School District (RISD) and the RISD Board of Trustees.
In part, Lieber writes that the “12-page lawsuit is the most detailed explanation The Watchdog has seen for how a public government board can ignore the open meetings law.” He writes that the Brewer Storefront plaintiff is “showing leadership here by standing up to a widespread secretive culture that enables public officials to keep private what's supposed to be public.”
Lieber is a veteran Dallas/Fort Worth investigative journalist whose focuses on “exposing bad practices in business and government.”
Lawsuit Claims Richardson ISD Trustees Violated Texas Open Meetings Act (TOMA)
Brewer Storefront filed a lawsuit on July 6, 2018, in Texas state court on behalf of plaintiff David Tyson, Jr. against the Richardson Independent School District (RISD) and the seven members of the RISD Board of Trustees, alleging that they have continuously and systematically violated the Texas Open Meetings Act (TOMA). The fundamental tenet of TOMA is that, except for certain narrowly construed exceptions, all meetings of a governmental body must be open to the public. However, the complaint states that, instead of conducting all meetings in public, the Board members are “coordinating a backroom consensus” outside the view of the public.
The lawsuit states that, over the last seven years alone, the Board has voted unanimously on the overwhelming majority of more than 500 votes, and alleges that the votes were not preceded by any meaningful discussions or deliberations at the meetings at which the votes occurred. According to the complaint, plaintiff requests that all actions taken in violation of TOMA be declared void.
“Our client believes that Richardson ISD trustees are not being fully transparent about the operations of the school district,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff David Tyson. “Through its alleged violations of the Texas Open Meetings Act, the Board has deprived the citizens of Richardson of the right to know how the Board reaches its decisions – and denied them their lawful right to participate in the democratic process.”
An article in The Dallas Morning News, dated July 10, 2018, reports on the lawsuit and its significance to the local community. The Lake Highlands Advocate also reported on the filing.
Richardson ISD Slaps Back At Ex-Trustee Who Filed Voting Rights Suit, Says System Isn't Broken
The Dallas Morning News columnist James Ragland reported on March 12, 2018, "Richardson ISD, you’re on the wrong side of this lawsuit." The column explores a voting rights lawsuit filed recently by the Brewer Storefront against Richardson ISD. The column observes, "When the only minority trustee who has ever been elected tells you that the system is broken and that minority parents feel disengaged, and when the system isn't working out well for students of color, 'That should be reason enough to get to the table,' said firm partner William A. Brewer III."
Ragland interviewed Carrollton-Farmers Branch ISD board member Candace Valenzuela, who became the first Latina and African-American female elected to that board following a previous Brewer Storefront lawsuit against that district that resulted in a successful settlement. Valenzuela commented, "People don't understand that voting is a feedback loop, meaning that if you're in a group that's been disproportionately underrepresented, it discourages participation... By facilitating for the community, you're going to get a lot more participation."
https://www.dallasnews.com/opinion/commentary/2018/03/09/richardson-isd-slaps-back-ex-trustee-filed-voting-rights-lawsuit-says-system-isnt-broken