Lakeway City Council to consider amendments to home business law following lawsuit from home day care provider

 Lakeway City Council to consider amendments to home business law following lawsuit from home day care provider

Bianca King admitted she was denied a permit by the Lakeway’s Zoning and Planning Commission after she operated without problems for months.

LAKEWAY, Texas – The Lakeway City Council is set to consider a proposal Monday to amend the Lakeway City home business ordinance. This comes after home day care provider Bianca King and the Institute of Justice (IJ) filed a lawsuit arguing that Lakeway’s current law is unconstitutional.

According to an IJ press release, last week, Lakeway’s Zoning and Planning Commission (ZAPCO) recommended several changes to the proposed changes. King and his IJ attorneys are expected to testify against the proposed changes during a hearing at Lakeway City Hall on Monday at 6:30 p.m.

“I am excited to work with the City Council to ensure the ordinances are amended to support child care at home and Lakeway families,” King said in the release. “I hope to put this case behind me and continue to provide safe, reliable child care for my community at a time when quality child care is in great need.”

According to IJ, King opened his state-licensed home day care after he was fired during the pandemic. IJ said King had been operating without problems for several months, but announced in August 2021 that he would also need a permit from the City.

IJ said King applied for a permit but was denied by ZAPCO after the former Lakeway mayor “appeared at the public hearing and complained that he could see toys and hear children playing. [King’s] field while he was golfing, “according to the release. He allegedly cited several provisions from the City’s home business ordinance as reasons to shut down King’s business.

According to IJ, Lakeway’s current home business ordinance requires potential businesses to comply with 19 different provisions, including “go unnoticed” and no customers “commute” to the location.

IJ said that in March, the City agreed to allow King to continue operating his home care while his case was still pending. City officials also agreed to work toward amending the home business ordinance.

“Every Lakeway resident deserves the opportunity to earn an honest living as long as their business doesn’t harm anyone,” IJ Attorney Jared McClain said in the release. “It’s time for Lakeway to pass a home business ordinance that won’t crush entrepreneurship.”

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