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Women have traditionally used their homes to care for their neighbors’ children. Now during the national shortage of childcare, neighborhood day cares are more important than ever. But in West Austin, some neighborhood golfers are trying to shut down a home day care by exploiting the fact that Lakeway, Texas, has some of the most restrictive zoning laws in the country for home businesses.
https://ij.org/case/texas-home-daycare/
Bianca King is a single mother to two small children. After being laid off during the pandemic, she realized how beneficial a neighborhood day care could be for other parents struggling to find quality, affordable childcare. Bianca began watching a few of her neighbors’ children during the workday as she stayed home with her own two children. The parents are extremely happy with Bianca’s day care, which provides an intimate and loving setting for their children so close to home.
But not all of Bianca’s neighbors are so happy about the service she provides to her community. Bianca’s suburban home backs up to the neighborhood golf course, and the sight and sound of children in her private backyard led several golfers to complain about Bianca’s business. Unfortunately for Bianca, one of these golfers used to be the Mayor of Lakeway, and he is intent on shutting down her day care.
The former mayor, Joe Bain, showed up to Bianca’s hearing before the zoning commission and complained that her day care was interfering with his golf game. Two more golfers joined him to oppose Bianca at her second hearing. The golfers didn’t like that they have to see toys and hear children playing when they tee off behind Bianca’s house, so they weaponized the city’s zoning laws against her business.
Lakeway’s zoning ordinance requires that home businesses meet 19 criteria that virtually no business could ever satisfy. In practice, the city uses these onerous requirements to give it broad discretion to deny any business it wants. City officials relied on several of these criteria to deny Bianca’s permit.
Lakeway’s home-business ordinance is unconstitutional. The Texas Constitution prohibits overly oppressive laws that burden a person’s economic or property rights. Lakeway has no legitimate interest in stopping Bianca from running a day care just because it may annoy some golfers.
Bianca has teamed up with the Institute for Justice to fight for her right to keep her day care open. She has asked the Texas state courts to reverse Lakeway’s denial of her permit and to rule that Lakeway cannot prevent harmless home businesses like Bianca’s day care.
Filmed on a Canon C100 Mark ii with L Series lenses.
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