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."
Brewer Storefront News Release: Judge Allows Lawsuit Alleging Frisco ISD Electoral System Violates Voting Rights Act of 1965 to Proceed
Dallas, Texas…March 24, 2020 – In a critically important ruling, U.S. District Judge Amos L. Mazzant of the Eastern District of Texas denied a motion by the Frisco Independent School District (FISD) for summary judgment on March 23 – clearing the way for a Voting Rights Act lawsuit to proceed to trial.
The action filed by Brewer Storefront on behalf of plaintiff Suresh Kumar is one of the highest profile cases of its kind, as electoral bodies across North Texas come under greater scrutiny for allegedly utilizing unconstitutional voting schemes.
Brewer Storefront filed suit in federal court on April 16, 2019, on behalf of plaintiff Kumar against FISD and its trustees, alleging that the school district’s at-large election system violates the Voting Rights Act of 1965.
The lawsuit claims that the school district’s at-large voting system denies Kumar an opportunity equal to that of white voters to elect representatives of his choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
“This decision underscores what we have believed all along – the voting scheme utilized by Frisco ISD violates the Voting Rights Act and denies minority voters the opportunity to elect a candidate of their choosing,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Suresh Kumar. “We are eager to get to trial and bring the facts of this case into full view.”
Under the current electoral system, FISD’s seven school board members are elected at large. Candidates run for specific places but do not represent a specific geographic area. The lawsuit claims the at-large; system unlawfully dilutes minority votes and allows the white voting bloc to determine the winner of every election.
In his ruling, U.S. District Judge Mazzant wrote that, “After a careful review of the record and the arguments presented – including Defendants’ Supplement to Defendants’ Motion for Summary Judgment – the Court is not convinced that Defendants have met their burden demonstrating that there is no material issue of fact as to Plaintiff's claims entitling them to judgment as a matter of law. Accordingly, the Court finds that Defendants' Motion for Summary [Judgment] should be denied."
A trial date is not yet set in this case, but a date may be set at a pretrial conference with the judge on March 31. On March 20, 2020, Brewer Storefront filed a second amended complaint in the lawsuit.
Six Asian candidates and two Hispanic candidates ran unsuccessfully for the FISD board over the four years prior to the filing of the lawsuit. All eight of the candidates of color lost to a white opponent in those FISD board elections. The only minority (Asian) candidate to prevail in an election was elected in May 2019 following the filing of the voting rights lawsuit. Six of seven FISD trustees are White.
FISD is an increasingly diverse school district. As of January 2020, the district reported enrolling 63,015 students, almost 59% of whom are students of color. FISD’s student enrollment is approximately 41.2% White, 29.3% Asian, 13.5% Hispanic, 11.1% African American and 4.2% multiracial (two or more races).
The lawsuit alleges that, “Minority-preferred candidates face a White voting bloc that represents nearly 67% of FISD’s Citizen Voting Age Population. The at-large system allows racially polarized voting within FISD to dilute minority votes and allow a plurality of White votes to block minority candidates from virtually every trustee seat in the District.”
The lawsuit alleges that unless the court directs FISD to design a single-member district or cumulative voting system, the current discriminatory system will persist.
The lawsuit states that, “Unfortunately, the Board has not accepted that as part of a booming suburban community, it must adapt to the dynamic reality of today and adopt an election system that encourages greater participation of all citizens and secures equality at the ballot box.”
Kumar, the plaintiff, is a Certified Public Accountant who is active in local civic affairs. A resident within Frisco ISD, Kumar has two daughters who have attended FISD schools. Kumar is an Asian American who moved from India to the United States in 1994.
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
Lake Highlands Advocate Reports on Positive Impact of Brewer Storefront Voting Rights Case
On February, 19, 2020, the Lake Highlands Advocate reported on increased diversity among Richardson ISD (RISD) school board members following a Brewer Storefront voting rights lawsuit brought on behalf of plaintiff and former RISD board member David Tyson. A settlement reached with RISD established a new election system including five single member districts, of which two districts are minority “opportunity” districts. The Storefront is the Brewer firm’s community service legal affiliate.
The article reported that Regina Harris, who is African American, was elected to the District 4 opportunity district, which includes the historic Hamilton Park neighborhood in November 2019. Debbie Renteria, who is Hispanic, filed for the District 3 opportunity district seat and will be taking that seat in May 2020.
Tyson reflected on the additions of Harris and Renteria to the board: “My part is finished. We’ve achieved what we sought.’ What we wanted was opportunity for people of color to feel comfortable running. Winning is equally important, but they first have to feel comfortable enough to run. I have always said we needed to have black and brown representation on the board. I’ve put my reputation on the line and my business on the line. My job now is finished.”
Tyson also reflected on the lawsuit: ““I expected to win…because attorneys at Brewer Storefront had a track record in Grand Prairie, Irving and Carrollton-Farmers Branch, and they wouldn’t have taken the case if they didn’t think they had a reasonable chance of winning.”
National Review Publishes Editorial in Support of NRA’s Legal Advocacy
On January 8, 2020, the National Review published an editorial by legal writer Walter Olson that supports the legal advocacy of the firm and its client, the National Rifle Association.
In the editorial, “Progressive Governments’ Economic War on the NRA Fails in Court,” Olson addresses efforts by government officials in San Francisco, Los Angeles and New York to "take down the hated National Rifle Association by targeting its pocketbook."
Olson observes that San Francisco, Los Angeles and New York are "facing a legal reckoning in court, based not on the Second Amendment but on the First. Without needing to even consider the issue of gun rights, federal courts are recognizing that boycotts enforced by government power can menace free speech and free association."
Olson places particular emphasis on the NRA’s advocacy against Governor Cuomo and New York State regulators. He observes, “While Cuomo was of course free to express his own views, the Constitution would have something to say about it if he or his appointees had made veiled threats against banks and insurers to encourage them to disassociate from the NRA.”
Canadian Students Compete in Brewer Foundation/NYU Debate Contest
The Lake Cowichan Gazette reported on two teams of students from Brentwood College School in Canada advancing to the Top 64 round of the Brewer Foundation/NYU International Public Policy Forum (IPPF) debate competition.
The article on January 7, 2020, reported on the teams from the school in Mills Bay, British Columbia, Canada. “If we can make it to the top eight, we’ll get to go to New York for the final competition,” said Brentwood College student debater Mahar Arora, 17. ““It’s pretty exciting because no other team from Brentwood College ever made it this far in this competition.”
The IPPF is the first and only international debate competition that gives high school students the opportunity to engage in written and oral debates on issues of public policy.
“The IPPF presents an exciting opportunity for high school students to engage in issue-oriented advocacy, competing against some of the best debate teams in the world,” said William A. Brewer, founder of the Brewer Foundation and chairman of the IPPF advisory board.
New York Law Journal Reports on New Documents Obtained in Case Against State of New York
On December 23, 2019, the New York Law Journal published the report, “NRA Secures New Documents in Bid to Revive Selective Enforcement Claims Against NY Officials.” The report states that the NRA "says it’s obtained new information that proves state officials in New York acted deliberately, and unlawfully, to strangle the gun lobby group of its financial resources because of its positions on gun control measures."
“The NRA has troubling new information that underscores the true motives of the State’s actions,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the NRA. “Our client is determined to bring this evidence to light – to expose the backroom meetings and communications that were essential to Defendant’s scheme to silence and harm the NRA by any means necessary.”
According to a December 20 legal filing, documents obtained by the NRA show the state singled out its insurance products for sanctions while ignoring other policies with similar violations.
The Journal reports that evidence from those documents was included in a new version of the NRA’s lawsuit against New York Gov. Andrew Cuomo, the state Department of Financial Services, and Maria Vullo, the former superintendent of that agency.
New York Times Magazine Profiles NRA, Firm Advocacy
A New York Times Magazine profile story from December 22, 2019, “Inside Wayne LaPierre’s Battle for the NRA,” reports about various lawsuits and investigations being successfully managed by the firm’s client, the National Rifle Association.
Since March 2018, the firm has represented the NRA on a broad range of legal and regulatory issues, including a well-publicized First Amendment case against New York Governor Andrew Cuomo and the New York State Department of Financial Services. The article provides an in-depth look into a myriad of important matters, and features interviews with NRA CEO Wayne LaPierre and firm Managing Partner William Brewer.
Brewer, Attorneys & Counselors Recognized by Best Lawyers
Brewer, Attorneys & Counselors received recognition from U.S. News & World Report and Best Lawyers in the 2020 “Best Law Firms” rankings.
The list recognizes firms for professional excellence that have received impressive ratings from clients and peers. The firm’s Dallas and New York offices were recognized in the area of Commercial Litigation.
In addition, partner William A. Brewer III was recognized in Best Lawyers in the area of Commercial Litigation in both Dallas and New York.
The Best Lawyers in America recognizes the top 5% of practicing lawyers in the United States.
The 2020 rankings are based on law firm assessments completed by almost 16,000 lawyers and evaluations from more than 12,000 legal clients.