Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students
Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.
Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.
The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”
As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School. In 2022-23, almost 76% of Westside students were Hispanic. The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.
The lawsuit alleges that – based on the district’s demographics –one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.
“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”
Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”
In March 2024, Brewer Storefront launched the TVRI, a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront sent warning letters to 11 school districts on March 6, including Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.
“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”
As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.
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 alleges that, “The AISD’s Hispanic population is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the CVAP.”
The lawsuit continues, “Further, Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”
Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.
“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”
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 Lewisville Independent School District in 2023, 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.
About Brewer Storefront, PLLC:
Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.
Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront
Phone: 214.653.4832
E-mail: kunmuth@brewerattorneys.com
The Dallas Morning News Reports on Brewer Foundation Future Leaders Program (FLP)
June 14, 2024 – The Dallas Morning News reports on the Brewer Foundation Future Leaders Program (FLP) holding a session on mental health for FLP high school students participating in the program’s summer camp.
Founded in 2001, the Future Leaders Program (FLP) provides academic resources and leadership training to deserving students from the Dallas Independent School District (DISD).
Instructor Mayra Salinas-Godsey, an FLP graduate who now works at New York University, taught the class, “Rise & Thrive: Building Mental Strength for College Success and Beyond.” The course is intended to assist students with anxiety about applying for and transitioning to college.
“So like most of you, I know, are first-gen or second-gen,” Salinas-Godsey told the students. “We’re pioneers for our family. We are doing things that they may not have ever experienced before. It’s a little scary.”
FLP intern and graduate Erica Salazar, now a student at Northwestern University, said she advises her peers to give themselves grace.
“I know a lot of these students are top A students, like the top of their class, and they’re doing the best that they can do … but once you’re in college, it’s completely different,” Salazar said. “And if you’re doing your best and you still somehow end up stumbling across a small obstacle, it’s OK. It’s OK to feel stress, and it’s OK not to be OK. Don’t be too hard on yourself.”
Read more here.
William A. Brewer III Named “Litigator of the Week” by The Am Law Litigation Daily
June 7, 2024 – Brewer Partner William A. Brewer III was named today as “Litigator of the Week” (LOTW) by The Am Law Litigation Daily. Brewer joined ACLU National Legal Director David Cole in receiving the top LOTW honors, following the U.S. Supreme Court ruling unanimously for their client, the National Rifle Association of America (NRA), in a case against a former New York state financial regulator. The case has been recognized as among the highest-profile First Amendment cases in the nation.
As reported, “The National Rifle Association’s legal team, led by William Brewer III of Brewer, Attorneys & Counselors, called on David Cole of the American Civil Liberties Union to revive its First Amendment case against ex-New York state Department of Financial Services Superintendent Maria Vullo.”
Brewer told the Litigation Daily what he will remember most about the case is “that a handful of good men and women—nine Supreme Court justices—put aside whatever differences they may have to protect our First Amendment freedom. What happened here restores one's confidence in the judicial system. The decision comes at a critical time for not only the NRA, but anyone who believes that our most precious asset is that we are a nation of laws.”
The Am Law Litigation Daily, published by American Lawyer Media, bills the LOTW series as “being all about the issues that obsess elite litigators, with expert perspective on the biggest court battles.”
As the series notes, “We look for cases with an impact, where the outcome matters to more than just the parties involved. We’re impressed by high stakes, long odds, new precedents, bold strategies—and cases that are just plain interesting.”
Brewer was joined in representing the NRA by Brewer partners Sarah B. Rogers and Noah Peters, along with Mr. Cole, Eugene Volokh, and Alan Morrison.
Read the report here.
Bloomberg Law, Law 360 Report on Lawsuit Against Cooley LLP and Biote Insiders
June 6, 2024 – Bloomberg Law and Law360 report on a lawsuit brought by Brewer, Attorneys & Counselors on behalf of Marci Donovitz against Cooley LLP and Biote company insiders concerning a special purpose acquisition company (SPAC) merger with the hormone therapy company Biote .
The lawsuit filed in Delaware Chancery Court concerned the 2022 merger of Biote with Haymaker Acquisition Corp. III, a SPAC company. The reporting noted that the defendants — including Cooley lawyers, SPAC founders and company insiders – failed to disclose material aspects of the deal as it deteriorated.
Bloomberg Law notes that the family trust , the Donovitz Family Irrevocable Trust, says its holdings were diluted in favor of the corporate insiders. Law360 writes that the lawsuit contends that the insider defendants conspired to close the merger for their own benefit.
In a statement, William A. Brewer III of Brewer, Attorneys & Counselors, counsel for the trust and its trustee Marci Donovitz, said: "The lawsuit reveals the inner workings of a scheme to enrich a few — at the expense of the owner who built the company. Our client believes a handful of insiders conspired to secure lucrative benefits to which they were not entitled."
Bloomberg Law noted that the SPAC market has “all but evaporated” as a growing number of deals resulted in litigation that alleged they benefitted insiders rather than helping companies grow.
Read the Bloomberg Law article here.
Read the Law360 article here.
Lawsuit Claims Biote CEO, Chairman Conspired to Direct BioTE Holdings, LLC into SPAC Transaction to Enrich Themselves
June 6, 2024 – A lawsuit filed on behalf of Brewer, Attorneys & Counselors client Marci Donovitz alleges that the chief executive officer and chairman of Irving-based Biote Corp. breached their duties to plaintiff and others by channeling the hormone therapy company into a value-destructive special purpose acquisition company (“SPAC”) transaction.
The lawsuit was filed by Ms. Donovitz, the trustee of the Donovitz Family Irrevocable Trust and a BioTE Holdings, LLC shareholder, on June 5 in the Court of Chancery of the State of Delaware.
The suit was filed against Biote CEO Teresa “Terry” Weber, Executive Chairman Marc Beer, Mary Elizabeth Conlon, Haymaker Sponsor III LLC, Steven J. Heyer, and Cooley LLP. Haymaker was the SPAC company that acted as the sponsor of the transaction.
“The lawsuit reveals the inner workings of a scheme to enrich a few – at the expense of the owner who built the company,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors, and counsel to Ms. Donovitz. “Our client believes a handful of insiders conspired to secure lucrative benefits to which they were not entitled.”
As explained in the filing, a SPAC – also known as a “blank check company”—is a shell company set up by a sponsor that goes public without an operating business to raise funds, but with a plan to find a target private company with an operating business with which it would merge within a fixed period, usually two years.
Ms. Donovitz is the ex-wife of Biote founder Dr. Gary Donovitz, who the lawsuit contends was tricked into waiving a minimum cash closing condition just days before the SPAC deal was completed on May 26, 2022.
As has been publicly reported, Biote was a recent defendant in a separate lawsuit filed by Dr. Donovitz by Brewer regarding the SPAC deal. As reported, in February 2024, Biote disclosed it agreed to buy back nearly $77 million of Dr. Donovitz’s stock to settle the matter.
The lawsuit alleges that “Defendants knew for months that astronomical redemptions would eviscerate almost all the cash raised by the SPAC and would cause the transaction to be destructive of value. Nonetheless, Defendants proceeded with their scheme to enrich themselves.”
The lawsuit alleges that BioTE Holdings, LLC was channeled into the SPAC transaction that improperly diverted $70 million from the deal to Biote executives for their own enrichment and $135 million in cash and stock to the defendants. Plaintiff alleges that their actions resulted in her suffering hundreds of millions of dollars in damages and the dilution of her equity and voting power.
In addition to breaches of fiduciary duties, the lawsuit also alleges that defendant Biote executives negligently “misled Plaintiff’s trustee regarding the likely impact of this Merger on the value of her shares, failed to disclose material information regarding the risks of this SPAC transaction (including the possibility that it would provide virtually no cash), and failed to disclose that these risks had materialized.” The lawsuit also alleges that the Defendants were unjustly enriched.
Ms. Donovitz requests that the court order relief including the disgorgement of profits and forfeiture of ill-gotten gains, including the forfeiture of cash or equity obtained in the merger. The lawsuit also requests monetary damages.
Bloomberg Law Reports on Brewer Advocacy, Retention of NYU Law Professor
June 4, 2024 – Bloomberg Law reported today on the Brewer firm’s representation of the NRA against the New York Attorney General. The article notes that the NRA has added New York University law professor Samuel Estreicher to its legal team.
As reported, The NRA has asked a judge to throw out a recent jury verdict, ordering former chief executive Wayne LaPierre and another official to repay more than $6 million to the organization. The court will consider whether to also require independent monitoring in a second phase of the trial that’s set to start July 15.
Estreicher is working closely on this motion to set aside the verdict, according to William A. Brewer III, the NRA’s lead outside attorney. Estreicher joins a legal team led by Brewer and other lawyers from his New York litigation boutique, Brewer Attorneys & Counselors. Partners Svetlana M. Eisenberg, Sarah B. Rogers, and Noah Peters have also worked on the case.
“He appreciates that the NYAG is pursuing many novel legal theories in support of the jury’s verdict, and that the NYAG’s pursuit of the NRA raises grave constitutional questions under the First Amendment,” Brewer said in a statement. “In particular, we have worked closely with Professor Estreicher on the pending motion to set aside the verdict.”
Read more here.
Washington Post Editorial Board Recognizes Historic Win
June 1, 2024 – The Washington Post editorial board recognized the historic Supreme Court win for Brewer client, the National Rifle Association of America (NRA). The editorial, “The NRA Deserved its First Amendment Win at the Supreme Court,” observes, “…the court’s 9-0 ruling in National Rifle Association v. Vullo was a positive development in two ways: It showed that the fractious justices can still unite around certain basic constitutional principles; and the constitutional principle they rallied behind in this case was the sacred one of free speech.” The unanimous ruling in favor of the NRA was on May 30, 2024.
In speaking of a 2018 “blacklisting campaign” against the NRA undertaken by former New York state regulator Maria T. Vullo, the Post writes, “To be sure, state officials such as Ms. Vullo have every right to punish actual legal infractions by any companies that do business with NRA members, as Justice Sonia Sotomayor, writing for the court, explained. And they have every right to speak out against gun violence and the NRA. What they cannot do, however, ‘is use the power of the State to punish or suppress disfavored expression,’ Justice Sotomayor wrote. ‘At the heart of the First Amendment’s Free Speech Clause is the recognition that viewpoint discrimination is uniquely harmful to a free and democratic society.’”
The NRA was represented by the Brewer firm, the ACLU, and First Amendment Scholar Eugene Volokh.
Read the editorial here.
Law360 Names Brewer Firm "Legal Lions of the Week"
June 1, 2024 — Law360 has named Brewer, Attorneys & Counselors one of its "Legal Lions of the Week" after the U.S. Supreme Court unanimously ruled for Brewer client the National Rifle Association of America (NRA) in its First Amendment case against a former New York state regulator.
The recognition noted that the NRA is represented by The NRA is represented by William Brewer III, Sarah Rogers and Noah Peters of Brewer Attorneys & Counselors.
Law360 writes that, “In a unanimous decision, the high court said Thursday that the NRA sufficiently showed that former New York Financial Services Superintendent Maria T. Vullo likely breached the group's First Amendment protections through the collective actions the NRA accused her of taking against banks and insurance agencies affiliated with it.”
Read more here.
