The Dallas Morning News, Other Media, Report on Brewer Storefront Voting Rights Case
On April 12, 2022, The Dallas Morning News and other local media reported on the Brewer Storefront lawsuit alleging that the at-large election system used to elect Lewisville ISD trustees violates the Voting Rights Act of 1965 because it denies fair representation to voters of color.
The Dallas Morning News published an article on the filing on the front page of the Metro & Business section of the newspaper on April 13. The Morning News reported that plaintiff Paige Dixon, who is African American and ran for the LISD school board, filed the suit.
The article quoted the lawsuit: “Ms. Dixon believes that the change from the at-large voting system to either a single-member districts or a cumulative voting system will empower people of color to run for Trustee positions, inspire greater electoral participation, and lead to a more equitable system of representation.”
Community Impact also reported on the filing, and quoted William Brewer speaking about the case.
“Our client represents a large number who believe the at-large election system used by Lewisville ISD illegally denies citizens of color a fair opportunity to elect candidates of their choosing—trustees that represent their interests, schools and communities,” Brewer said. “Clearly, the school board should adopt an electoral process, which allows minority voters and community members to fairly participate in this vibrant, multiracial school district.”
NBC DFW also published a report on the filing.
Brewer Storefront News Release: Lawsuit Claims Lewisville ISD Electoral System Violates Voting Rights Act of 1965
Dallas, Texas…April 12, 2022 – Brewer Storefront filed suit in federal court on behalf of plaintiff Paige Dixon 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 because it denies fair representation to voters of color.
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, as they have been for years, are white.
“Our client represents a large number who believe the at-large election system used by Lewisville ISD illegally denies citizens 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 Paige Dixon. “Clearly, the school board should adopt an electoral process which allows minority voters and community members to fairly participate in this vibrant, multiracial school district.”
LISD is a richly diverse school district. As of the 2020-21 school year, the student population was 37.6% white, 30.5% Hispanic, 15.5% Asian, and 11.6% African American, and 4.4% Two or More Races.
However, in addition to the all-white seven-member school board, LISD’s 16-member administrative “District Leadership Team” (including the interim superintendent) has only one person of color serving on it, a team comprised of 15 white members and one African American woman, and no Hispanic or Asian administrators.
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area. The lawsuit claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.
The lawsuit refers to LISD’s at-large election system and the importance of school board trustees and states that, “Unfortunately, when the electoral process by which officials are chosen ‘stacks the deck’ against people of color such bodies cease to be ‘representative.’”
The lawsuit alleges that, “The at-large system discourages minority-preferred candidates from seeking office because it effectively functions as a white-controlled referendum on all candidates where white voters control all seven Trustee positions.”
According to the lawsuit, the numbers of Hispanic, African American and Asian voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which voters of color are a majority.
The lawsuit describes the significant “achievement gap” which exists between the lowest performing elementary schools in the district that are majority minority in enrollment and higher achieving schools situated in the neighborhoods in which the all-white members of the LISD board of trustees reside.
Dixon, who is African American, is an active member of her community, a U.S. Army combat veteran, and a mother of two children who have attended LISD schools. She previously served as PTA President at Rockbrook Elementary School in Lewisville ISD from 2017 to 2021. She ran for Place 1 on the LISD school board in May 2021 and lost.
Ms. Dixon’s community involvement is extensive; in addition to her work as PTA President, she has been a member of the LISD Academic Calendar and Superintendent Parental Advisory committees; she chaired the LISD Council of the PTA’s Advocacy Committee; served as a volunteer coordinator of the LISD High School Band Booster Club; volunteered for Denton County Meals on Wheels; and is a member of the Concerned Citizens & African-American Parents (CCAAP).
Brewer Storefront previously brought a voting rights lawsuit against LISD in 2019 on behalf of plaintiff Frank Vaughan. The Court concluded that Mr. Vaughan, who is white, did not meet the definition of an “aggrieved person” under the VRA because his right to vote was not infringed “on account of his race.”
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.
Local Media in Pennsylvania and Georgia Report on Brewer Foundation / NYU Debate Competition
March 8, 2022 – Local media in Pennsylvania and Georgia reported on high school teams advancing to the “Sweet 16” round in the International Public Policy Forum (IPPF), a global debate competition sponsored by the Brewer Foundation and New York University.
The Pine Creek Journal reported on a team of students from Pine-Richland High School in Gibsonia, Pennsylvania, advancing in the IPPF, the first and only contest giving high school students from around the world an opportunity to engage in written and oral debates on issues of public policy. The Journal reported that seniors Miles Brown, Matthew Farmar, Tadg Manna, Andrew Ni, Amish Sethi and Callie Stoltz make up the 2021-22 Pine-Richland High School team, coached by teacher Jeff Byko. To read more, click here.
Patch.com reported on Ivy Bridge Academy in Johns Creek, Georgia, advancing in the IPPF.
"These students analyzed and debated the role of the United States dollar in the world economy," said William A. Brewer III, partner at Brewer, Attorneys & Counselors and a founder of the IPPF, Patch.com reported. "The 16 teams that remain will compete in another written round of debates – in hopes of advancing to the IPPF Finals in New York City."
The Ivy Bridge Academy team consists of the following students: Aalif Biswas, Aiden Kim, Akshaya Poonepalle, Alex Ko, Ethan Nam, Gene Yoon, Hailey Shon, Hanming Sun, Srihansika Hansi Thadiparthi, Irene Tang, Jason Eappen, Lynden Baek, Nayan Revankar, Nina Thakur, Noah Yoon, Omer Mujawar, Prakhar Gupta, Rikhil Ranjit, and Yugeshwar Muralishar. To read more, click here.
New York Law Journal, Others Report on NRA Victory
On March 4, 2022, a front-page article in the New York Law Journal, “Manhattan Judge Rejects NY AG’s Effort to Dissolve National Rifle Association,” reported that a ruling by Manhattan Supreme Court Justice Joel Cohen dismissed New York Attorney General Letitia James’ effort to dissolve the organization.
The report noted that Cohen found that dissolving the NRA “could impinge, at least indirectly, on the free speech and assembly rights of millions of members” of the NRA.
The report added that NRA lead attorney William Brewer applauded the ruling, stating that, “This is a victory not only for the NRA, but all who believe in the right to free speech and association.”
The article follows positive reports from many news organizations, including the Associated Press, The Wall Street Journal, CNN, and the Daily Caller, among others. To read more in the NYLJ, click here.
Wall Street Journal Reports on NRA Legal Victory
On March 2, 2022, The Wall Street Journal reported that a state court judge dismissed the New York Attorney General’s effort to dissolve the National Rifle Association (NRA), finding that the state’s allegations did not prove the public harm required to impose a “corporate death penalty” on the NRA.
“We applaud the court’s recognition that dissolution is neither appropriate nor justified,” said William A. Brewer III, an attorney for the NRA. “We look forward to continuing the defense of the NRA—and proving that it acts in the best interests of its members and the Second Amendment freedoms in which they believe.”
The Wall Street Journal reported that the ruling by New York Supreme Court Judge Joel M. Cohen “represented a big win for the NRA.” The judge found that dissolving the NRA “could impinge, at least indirectly, on the free speech and assembly rights” of NRA members.
The NRA has been a New York nonprofit since its founding more than 150 years ago. The Journal reported that the NRA has charged that the suit brought by NYAG Letitia James is politically motivated.
To read more, click here.
Brewer News Release - NRA Prevails Over NYAG: Court Rules Association Cannot be Dissolved
New York, New York – March 2, 2022…The National Rifle Association of America (NRA) scored a major legal victory today, as a New York court struck down attempts by the New York Attorney General to dissolve the 150-year-old organization. Following a two-hour hearing on December 10, 2021, the Hon. Joel M. Cohen of the New York State Supreme Court issued an opinion today that vindicates the NRA’s position: the NYAG’s effort to shut down the Association ran afoul of common sense, New York law, and the First Amendment.
“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” says NRA President Charles Cotton. “The message is loud and clear: the NRA is strong and secure in its mission to protect constitutional freedom.”
The NRA will defend against the surviving claims in the lawsuit – but today’s ruling declares that the NYAG cannot shut down the Association or seize its assets.
“We applaud the court’s recognition that dissolution is neither appropriate nor justified,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “We look forward to continuing the defense of the NRA – and proving that it acts in the best interests of its members and the Second Amendment freedoms in which they believe.”
Emphasizing that the NRA is “a prominent advocacy organization that represents the interests of millions of members,” the court said the NYAG failed to meet the “rigorous” standard for state-sponsored dissolution of such a group – and her attempt raised free speech concerns.
In an opinion, dated March 2, 2022, Justice Cohen writes, “The Attorney General’s claims to dissolve the NRA are dismissed.” It adds, “The Complaint does not allege that any financial misconduct benefited the NRA, or that the NRA exists primarily to carry out such activity, or that the NRA is incapable of continuing its legitimate activities on behalf of its millions of members.”
The NRA has argued that it has demonstrated a commitment to good governance, and long believed that the NYAG’s case was part of a political vendetta. NYAG 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 spending even one day in office and without any evidence of wrongdoing. She filed a lawsuit in August 2020 seeking to shut down the Association.
The NRA has successfully proven there was no legal precedent or factual basis for the NYAG’s scorched-earth, politicized approach.
The court observes, “The Attorney General cites no case in which she or her predecessors have sought – much less obtained – dissolution under analogous circumstances.” The opinion also states, “…dissolving the NRA could impinge, at least indirectly, on the free speech and assembly rights of its millions of members. While that alone would not preclude statutory dissolution if circumstances otherwise clearly warranted it, the Court believes it is a relevant factor that counsels against State-imposed dissolution, which should be the last option, not the first.”
In addition to the dissolution claims, the court also dismissed claims by the NYAG for unjust enrichment and violations of the Prudent Management of Institutional Funds Act.
Against the backdrop of the NYAG’s lawsuit, the NRA is pursuing its own legal action against James. In a legal filing, dated February 23, 2021, the NRA responded to the August 2020 lawsuit filed by the NYAG. The filing alleges that her case is part of a crusade to silence a powerful political opponent – and its stated purpose to defend the Second Amendment.
According to the NRA’s filing, “James’s threatened, and actual, regulatory and civil reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech. This wrongful conduct threatens to destroy the NRA and chill the speech of the NRA, its members, and other constituents, including like-minded groups and their members.”
Brewer adds, “Today’s developments underscore the simple truth that since taking office in 2019, the Attorney General has pushed a contrived narrative about the NRA in her attempt to support a dissolution claim that is improper. This is a victory for not only the NRA, but all who believe in the right to free speech and association.”
Attorneys for the NRA in this matter are William A. Brewer III, Sarah Rogers and Svetlana Eisenberg.
Media Takes Notice: Student Debaters Advance in Brewer Foundation / NYU Global Competition
February 28, 2022 – A New Jersey media report comments on an outstanding team of high school debaters from Livingston High School.
As reported in the news outlet TAP into Livingston, the Livingston students advanced to the “Sweet 16” round of the International Public Policy Forum (IPPF) competition, sponsored by the Brewer Foundation and New York University. Founded in 2001, the IPPF is the first and only debate contest that gives high school students the opportunity to participate in written and oral debates on matters of public policy.
The team is competing for a chance to make it to the “Elite 8” teams and compete for the $10,000 grand prize in New York City on April 30. The 16 advancing teams represent schools in nine U.S. states as well as Canada, Mongolia and Singapore.
According to IPPF founder William Brewer III, a partner at Brewer, Attorneys & Counselors, the students competing this year “analyzed and debated the role of the United States dollar in the world economy.” They are debating the topic, “Resolved: On balance, the hegemony of the United States dollar is detrimental to the world economy.”
To read more, click here.
Industry Takes Notice: Brewer Increases First-Year Associate Salaries to $235,000, Announces Increases for Other Professionals
February 15, 2022 – The Brewer firm today announced that, effective February 1, 2022, first-year associate salaries increased to $235,000. Also, the firm announced that many other lawyers, consultants, and other professionals will receive salary increases, based on merit and tenure. Adjustments in the firm’s compensation model are designed to benefit professionals at all levels of the organization.
Founded in 1984, the Brewer firm has a unique staffing model in commercial litigation. The firm is comprised of several professional groups – financial and management consultants, researchers & private investigators, and public affairs strategists – who work with the firm’s lawyers to develop insights that shape case strategy. All the groups are poised for expansion in the firm’s Dallas and New York offices.
In a communication to firm employees, firm partner William A. Brewer III congratulated staff members for their “unwavering commitment to winning.” He wrote, in the face of the pandemic, “we remain defined by our expertise – and the manner in which it positions us to handle our clients’ most important legal matters. We remain inspired by the firm’s core mission: advocacy at the highest level imaginable.”
The firm enjoyed a stellar 2021, handling a wide range of legal and regulatory matters for the National Rifle Association of America (NRA), advancing a closely followed case against Virgin Hotels in San Francisco, and advocating against Uber in a rider safety case that has captured national headlines. It has trials scheduled in San Francisco, Dallas, New York and elsewhere over the next three months.
Outside of its commercial litigation docket, the firm continues to actively promote its community legal affiliate, the Brewer Storefront, and the Brewer Foundation. This past year marked the 20-year anniversary of the Brewer Foundation Future Leaders Program, which lights a path to college for urban youth, and the Brewer / NYU International Public Policy Forum (IPPF). The IPPF is the first global debate contest that offers high school students the opportunity to participate in written scholarship and oral advocacy on public policy issues.
“The firm has always been defined by a culture of service,” Brewer says. “It is a privilege to work with clients and to help effect change in the community.”
Legal industry outlet Above the Law reported on the salary increase in an article titled, “Elite Firm Shrugs at Milbank Scale, Instead Offers Starting Salaries of $235K – Extremely exciting news!” The article noted that boutique firms are unveiling their generous compensation schemes, and added that the Brewer firm “blew right past” the $215K salary scale. The article added that the Brewer firm “has paid salaries at or above market for years…”