Arkansas AG Condemns Attack on NRA, Praises NRA Legal Strategy
NBC News
Arkansas Attorney General Leslie Rutledge issued a commentary today condemning a lawsuit filed by New York Attorney General Letitia James against Brewer client, the National Rifle Association (NRA). The commentary, “Guns, The NRA and the Second Amendment are Under Assault from the Left,” dated August 21, 2020, exposes the political motivations behind the James complaint.
Rutledge writes, “Just three months before a presidential election, New York Attorney General Letitia James has filed suit against the NRA and several members of its leadership, seeking to have the gun rights organization dissolved. This lawsuit, filed in New York state court, is the apex of a longstanding feud between the NRA and the Democratic state attorney general. James attacked the NRA while she was a candidate for attorney general, calling it a 'terrorist organization' and a 'criminal enterprise.'”
The Arkansas AG credits the NRA – “a “good defender of freedom” – for confronting the James attack.
Rutledge writes, “…like any good defender of freedom, the NRA is fighting back. The same day New York filed its state suit, the NRA filed its own lawsuit in federal court, pointing to then-candidate James’ campaign promise to ‘take on the NRA’ if elected. The NRA claims that James’ lawsuit is nothing more than a politically motivated stunt to deliver on that promise — not a response to any real fraud.”
She continues, “The NRA’s lawsuit is based on the First Amendment and similar New York state law. The NRA argues that it is being targeted for its pro-Second Amendment advocacy and that James’ request to dissolve the NRA is nothing more than an attempt to silence political speech.”
Read the editorial [here.]
The Hill Publishes Editorial Critical of the New York Attorney General's Lawsuit Against NRA
On August 8, 2020, The Hill published an editorial regarding the dissolution lawsuit that New York Attorney General Letitia James filed against Brewer's client, the NRA.
Written by George Washington University Professor of Public Interest Law Jonathan Turley, the editorial, titled "The Tragic Irony of the New York State Lawsuit Against the NRA," is critical of James for "politicizing her office." It notes that she referred to the NRA as a “terrorist organization" -- an act, he states, of "legal trolling."
Turley writes, "That is what makes the NRA complaint so tragically ironic: If using power to benefit yourself rather than your organization is the measure, James’s complaint is a self-indictment. Her demand to dissolve the NRA undermines the case presented by her office, in order to pander to voters. While dissolution is absurd, James has shown that absurdity and popularity often go hand-in-hand in New York politics."
Turley further states, "Trying to dissolve or criminalize an organization engaged in the exercise of political speech should not occur absent overwhelming proof that it is a criminal enterprise."
Brewer Client NRA Files Lawsuit Against New York Attorney General Letitia James
On August 6, 2020, Brewer, Attorneys & Counselors filed a lawsuit on behalf of its client, the National Rifle Association of America ("NRA"), against New York Attorney General ("NYAG") Letitia James, both individually and in her official capacity.
Filed in the United States District Court for the Northern District of New York, the lawsuit notes that, under the guise of protecting New Yorkers and enforcing state nonprofit law, the NYAG has weaponized its regulatory and legal powers to harm a political adversary.
Attorney General James famously vowed to "target the NRA" and "investigate the legitimacy of the NRA as a charitable organization" while on the campaign trail in July 2018 – before taking office and without any evidence of compliance failures. The NYAG later announced an investigation of the NRA and, predictably, sued the Association.
The NRA’s lawsuit states that the Association "brings this lawsuit for declaratory and injunctive relief under the First Amendment of the United States Constitution, as well as for a judicial declaration of what is obvious: the NRA operates in substantial compliance with New York not-for-profit law."
The New York Sun commentary, “The NRA’s Fight in New York is for All Americans,” discusses the importance of the case.
Lake Highlands Advocate Reports on First Hispanic Trustee Elected in Richardson ISD After Brewer Storefront Voting Rights Case
On July 27, 2020, The Lake Highlands Advocate reported that Debbie Rentería was sworn in as the first ever Hispanic trustee on the Richardson Independent School District (RISD) Board of Trustees in May.
Rentería represents majority-minority District 3, which was created after a Brewer Storefront Voting Rights Act lawsuit was brought on behalf of plaintiff and former RISD board member David Tyson. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
A settlement reached with RISD established a new election system including five single member districts, of which two districts are minority “opportunity” districts. Regina Harris, who is African American, was elected to the District 4 opportunity district in November 2019.
“When I saw that Debbie Rentería didn’t draw an opponent – and I don’t mean this to sound biblical – I said, ‘It is finished. My part is finished. We’ve achieved what we sought,” Tyson told the Advocate. “What we wanted was opportunity for people of color to feel comfortable running.”
William Brewer Writes About the Responsibilities of Hotel Owners and Management Companies for Hotel Business Review
Managing Partner William Brewer wrote an article for Hotel Business Review published on July 26, 2020, titled “History Lesson: Owners and Management Companies Weigh Responsibilities and Risks in Response to COVID-19.”
In part, Brewer writes: “Today, the chain brand hotel companies (e.g., Marriott, Hilton, IHG, etc.) represent 69% of the rooms in supply. They do so through a variety of brands, spread over different price strata, offering different levels of facilities and services to their guests. Although the traveling public may not realize it, the brands rarely own any of the hotels within their 'chain' of distribution. Rather, the owner of the hotel is either a licensee or the principal who has contracted for the asset to be managed by the brand. This was not always so.”
Amidst the coronavirus pandemic, Brewer writes that, "In times of uncertainty, the fiduciary obligations of every hotel operator should take on increased significance. As the pandemic continues to wreak economic havoc globally, and with a possible continued recession around the corner, hotel operators have a legal responsibility to their owners to give immediate attention to particular issues that may arise over the course of the hotel's operation and management. A failure to uphold these duties may result in an owner's loss of trust and confidence in the operator's management, and operators who breach their fiduciary duties will entitle owners to terminate their hotel management agreements with immediate effect."
Brewer is a frequent contributor to Hotel Business Review, and serves as featured “guest author” of the publication. Visit the publication and most recent article here.
Texas Supreme Court Exonerates Partner William Brewer in Pretrial Survey Case
The Texas Supreme Court on April 24 ruled that Brewer, Attorneys & Counselors Partner William Brewer did not act in bad faith when he conducted a pretrial survey in advance of a products liability trial. The ruling reverses a prior sanctions award levied against Brewer by a trial court.
“We appreciate the attention paid by the court on this important issue. The opinion validates what we have believed all along – that Bill and our law firm acted ethically at all times,” says Michael J. Collins, partner at Brewer. “This outcome underscores our commitment to the highest of ethical standards.”
Brewer was sanctioned by a trial court in 2014 in connection with a telephone survey that opposing counsel contended was a "push poll" meant to influence the jury.
However, the Texas Supreme Court's opinion, issued on April 24, 2020, states: "Though the survey Brewer commissioned is not without its faults, the evidence shows he undertook reasonable efforts to secure a third-party industry professional to create a relatively balanced public opinion survey for random administration."
“This is an important victory for every lawyer in Texas,” says Linda Eads, professor emerita, SMU Dedman School of Law, and counsel to the Brewer firm. “It provides protection from unreasonable sanctions imposed by a trial judge not based on facts and evidence.”
Professor Eads continued, “The opinion confirms the Brewer firm acted appropriately at all times, and the survey in question was balanced for random administration. In this instance, the court ruled decisively in favor of Bill and the firm, finding the ‘record bears no direct, or even circumstantial, evidence of bad faith.’”
New York Post Reports on Brewer's Representation of NRA in New York Gun Store Lawsuit
On April 3, 2020, the New York Post reported on the NRA filing a federal lawsuit challenging New York Governor Andrew Cuomo's decision to label gun stores "non-essential" businesses.
The article, titled "NRA sues NY for calling gun stores 'non-essential' amid coronavirus," reports that the NRA lawsuit asks the court to declare gun stores essential businesses that can operate during the coronavirus crisis.
The article quotes NRA lawyer William A. Brewer III of Brewer, Attorneys & Counselors. "The current public health emergency does not justify the complete elimination of this right [to bear arms], especially during a time when many New Yorkers have valid concerns about their physical safety and welfare," Brewer said.
Brewer News Release: NRA Files Lawsuit Against State of New York, Seeks Gun Stores to be Designated “Essential” in Wake of Shutdown
New York, NY…April 3, 2020 – Brewer, Attorneys & Counselors announced today that its client, the National Rifle Association of America (“NRA”), filed suit against New York Governor Andrew Cuomo, the New York State Department of Economic Development, and New York State Department of Economic Development Acting Commissioner, President, and CEO Eric Gertler in response to the state’s attack on the rights of New York citizens and residents to exercise their Second Amendment freedoms.
The lawsuit focuses on Executive Order 202.8, issued by Gov. Cuomo on March 20, 2020, in response to the COVID-19 health crisis. According to the lawsuit, that order “effectively and indefinitely suspended a key component of the Second Amendment to the United States Constitution – shutting down all gun stores in the State of New York, including federally licensed gun stores, by deeming them ‘non-essential’ businesses.” Under the order, “essential” businesses are permitted to remain open. According to the NRA, the order had the intended effect of eliminating the only way of legally purchasing firearms in the state.
“There isn’t a single person who has ever used a gun for self-defense who would consider it nonessential,” said Wayne LaPierre, NRA CEO & Executive Vice President. “This is clearly another assault by Gov. Cuomo on the NRA, on the rights of New Yorkers to defend themselves and their families, and on our Second Amendment freedoms. The NRA will continue to fight all such attacks until Gov. Cuomo recognizes that constitutional rights are for every New Yorker and every American – and not just for politicians and their privileged friends.”
Filed on April 2, 2020, in the United States District Court for the Northern District of New York, the lawsuit states, “Reasonable steps to prevent the spread of the COVID-19 Coronavirus do not include the suspension of the Second Amendment. Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.”
“The right to keep and bear arms is enshrined in the Constitution, in part, to give Americans the ability to defend themselves and their families,” said William A. Brewer III, counsel for the NRA and partner at Brewer, Attorneys & Counselors. “The current public health emergency does not justify the complete elimination of this right, especially during a time when many New Yorkers have valid concerns about their physical safety and welfare. Our client believes that Gov. Cuomo is again weaponizing the power of his office – to prevent gun owners from exercising the rights to which they are entitled.”
The NRA has approximately 5 million members.
As stated in the lawsuit, on March 28, 2020, the United States Department of Homeland Security issued a list of critical infrastructure “intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.” This list of critical infrastructure includes: “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”
In the wake of this guidance, a litany of states and municipalities clarified that gun stores are “essential.” For example, on March 30, 2020, New Jersey Gov. Phil Murphy announced that gun stores will be classified as “essential businesses” and allowed to reopen.
Gov. Murphy stated, “In accordance with the guidance released over the weekend by the federal Department of Homeland Security, we will allow firearms sellers to operate.”
Unfortunately, New York refused to clarify or reexamine its position as it relates to gun stores. However, liquor stores remain “essential businesses” under the governor’s order last month.