Article/Blog by Pete Bernal
The Filing: A Quest for Justice
In February 2024, Yolanda Garza-Lopez and I, both former school board trustees, filed a grievance against the Southwest Independent School District (SWISD) School Board. Our grievance was in response to their decision to continue holding Joint Elections with the City of Lytle. This issue was more than just an administrative decision; it was a critical constitutional matter under the Fourteenth Amendment's Equal Protection Clause. We believed this agreement disproportionately impacted marginalized voters, including minorities, economically disadvantaged individuals, and disabled citizens, leading to unequal representation and potential disenfranchisement.
What Rules Are Being Violated?
Equal Protection Clause of the Fourteenth Amendment: This clause requires that no state shall deny any person within its jurisdiction the equal protection of the laws. The joint election agreement with the City of Lytle violates this clause by disproportionately impacting certain groups, leading to unequal representation.
Voting Rights Act of 1965: This act prohibits racial discrimination in voting. The agreement violates this act by creating barriers that disproportionately affect minority voters in a district that is 95+ percent minority.
Americans with Disabilities Act (ADA): This act requires that public entities provide accessible voting facilities. The joint election agreement fails to provide adequate accommodations for disabled voters, in violation of the ADA.
Texas Election Code, Chapter 271: This chapter allows for joint elections but stipulates that these elections must ensure convenience and accessibility for all voters. Additionally, Chapter 271 mandates that voters should be able to vote for all eligible offices and measures on a single ballot. The agreement with Lytle does not meet these requirements, leading to disenfranchisement and violating the Texas Election Code.
The Deafening Silence
Despite the urgency and gravity of our concerns, the grievance has remained unaddressed. The school board’s response? Silence. Days turned into weeks and weeks into months, yet there was no acknowledgment, no discussion, and no action taken. The community was met with a resounding void.
Growing Frustration and Community Response
Undeterred by the lack of response from the school board, we have continued our advocacy by drawing attention to the board's inaction and the critical need for a fair and equitable electoral process. As community members joined our call for justice, the community’s resolve grew stronger as more people became aware of the issues.
The Real-World Impact
The consequences of the joint election agreement became increasingly evident as the grievance remained pending. Voters from protected classes faced greater challenges in participating in elections, with fewer polling locations and longer distances to travel. Additionally, the inability to vote for all eligible offices and measures on a single ballot further disenfranchised all voters.
Seeking Accountability
Determined to hold the school board accountable we are meticulously documenting instances of voter suppression and inequity, building a compelling case to challenge the school board's decision. Our goal is clear: to ensure that every citizen’s voice is heard and their rights protected.
The Continued Struggle
As the months passed, the grievance we filed in February 2024 has remained unresolved and unheard. The school board's refusal to address this issue is a stain on the district’s commitment to fairness and equality. However, we understand that our fight is about more than one election—it is about upholding the fundamental principles of democracy and justice.
Conclusion
The story of this SWISD grievance is one of perseverance in the face of systemic indifference. It underscores the importance of holding governing bodies accountable and the necessity of continual advocacy for the protection of constitutional rights. As we press on we constantly remind ourselves that the pursuit of justice is a journey worth undertaking, no matter how long it takes.
Stay tuned as this story develops, and join us in supporting the fight for equal representation and the protection of voting rights for all citizens.
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