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Brewer Storefront Obtains Latest Voting Rights Settlement with Richardson ISD

January 18, 2019 Natalie Posgate

The Richardson Independent School District and the pro bono outfit of Brewer, Attorneys & Counselors on Thursday announced a settlement agreement to a nearly year-old legal battle regarding the school board’s at-large voting districts.

The settlement creates a new election system that will include two single-member districts that are predominately eligible minority voters – one district includes a majority of African American eligible voters and the other is a mix of African American, Hispanic and Asian eligible voters.

The Richardson ISD election was originally scheduled for May 2019 but will be delayed to November to provide time for the new election system to be adopted and implemented.

In a joint statement, Richardson ISD and the Brewer Storefront said the school district will hold a public hearing later this month to receive feedback concerning the proposed electoral system before the board adopts the new one.

The litigation was initiated last January in federal court by David Tyson, Jr., a former Richardson ISD school board trustee who claimed the school district’s at-large election system violates the Voting Rights Act because it denies fair representation of minority voters.

Tyson is the only African American – and only person of color – to have served on the RISD board. He ran unopposed in 2004, the same year his youngest of three children graduated from RISD public schools, and served for two terms until 2010.

Tyson filed a separate lawsuit in July of last year in state court that alleged RISD and its seven-member board of trustees also continue to violate the Texas Open Meetings Act through their improper practice of serial meetings or walking quorums and their attempt to conceal the improper meetings. He alleged the manner in which the meetings were conducted denied local citizens the opportunity to participate in discussions of importance to the district.

Thursday’s settlement resolves both lawsuits. With regard to the TOMA claim, the school board agreed to complete training to help ensure its compliance with the TOMA at an open meeting in 2019.

In a statement, Mr. Tyson’s attorney Bill Brewer said: “We are pleased that the Richardson ISD school board agreed to adopt an electoral system that provides minority voters a fair opportunity to participate in the political process.”

“We also commend the board members for taking steps to provide greater transparency in connection with their decision making. This is a transformational outcome for the local community – a moment that celebrates all who were part of this agreement and hopefully provides instruction to other school boards across the state.”

The settlement marks the latest Voting Rights win by the attorneys at the Brewer firm. The lawyers have also scored wins against the school districts in Carrollton-Farmers Branch, Irving and Grand Prairie, as well as the city councils of Irving and Farmers Branch.

Joining Brewer in representing Mr. Tyson were partner Michael Collins and Katherine Leal Unmuth of the Brewer Storefront’s public affairs division.

Natalie Posgate

Natalie Posgate covers pro bono work, public service and diversity within the Texas legal community.

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