Chief Judge Fitzwater Strikes Down Farmers Branch Election System

On August 2, 2012, following a bench trial, Chief Judge Fitzwater, in Fabela v. City of Farmers Branch, Texas, entered an Order (available here) finding that the at-large system of electing members of the City Council of the City of Farmers Branch violated Section 2 of the Voting Rights Act.  Plaintiffs contended that Farmers Branch’s system of electing City Council members at-large denies Hispanic voters the opportunity to participate meaningfully in the electoral process and to elect representatives of their choice, in violation of Section 2 of the Voting Rights Act.  No Hispanic had been elected under the at-large system, and there had been at least four recent elections in which a Hispanic candidate had run for City Council and lost, despite receiving a majority of the Hispanic vote.

Judge Fitzwater agreed with the plaintiffs and ordered the City of Farmers Branch to submit within 60 days a plan to remedy its violation of the Voting Rights Act.

Plaintiffs are represented by William Brewer, III, Dunham Biles, Jeremy Camp, and Nathan Pearman, all of Bickel & Brewer.

Farmers Branch is represented by Robert Heath and John Long, IV, both of Bickerstaff Heath Delgado Acosta LLP.

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