ACLU Backs Brewer Client NRA After New York AG's Action
August 26, 2020 – The American Civil Liberties Union (ACLU) is backing Brewer, Attorneys & Counselors client the National Rifle Association (NRA) as New York Attorney General (NYAG) Letitia James attempts to dissolve the organization.
ACLU National Legal Director David Cole wrote a commentary published in The Wall Street Journal titled, “The NRA Has a Right to Exist: New York Attorney General Letitia James’ attempt to dissolve the 150-year-old organization is unconstitutional government overreach."
Cole writes that, “Our democracy is premised on the right of association. The First Amendment protects not only the right to speak, but also to band together with others to advance one’s views. Making or resisting change in a democracy requires collective action, and a healthy democracy therefore demands a robust ‘civil society.’ The right to associate can’t survive if officials can shut down organizations with which they disagree.”
Cole points out that the NRA’s lengthy history includes “a range of lawful and properly tax-exempt pursuits” – including teaching gun safety, educating the public and lobbying for gun rights laws.
He also observed that two years ago, the ACLU supported the NRA’s lawsuit against New York Governor Andrew Cuomo charging that he had violated the group’s First Amendment rights. Read more.
Brewer, Attorneys & Counselors Joins Law Firm Antiracism Alliance
August 25, 2020 — Brewer, Attorneys & Counselors announced that the firm has joined the Law Firm Antiracism Alliance (LFAA).
The LFAA strives to create partnerships between the private bar with legal services organizations to amplify the voices of communities and individuals oppressed by racism. The LFAA aims to use the law as a vehicle to create change that helps communities of color and promotes racial equity. More than 260 law firms have joined the organization since its founding. To learn more, visit here.
The Brewer firm has a long history of promoting civil rights and racial equality. The Brewer Storefront, the firm’s community service legal affiliate, has brought numerous successful Voting Rights Act lawsuits on behalf of African American and Latino voters across North Texas. As an example, the Storefront and its client, David Tyson, recently prevailed in a VRA lawsuit against the Richardson Independent School District. In 2001, the Brewer Foundation founded the Future Leaders Program, an academic and leadership development program that benefits minority children from urban communities within the Dallas Independent School District.
“We are proud to join the antiracism alliance and promote its ideals at this critical time,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors. “We view our commitment to the alliance as an extension of our work to achieve justice for communities of color – through pro bono service and a commitment to urban education.”
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.’”