Government
BY KAMERYN GRIESSER
Lakeway home day care wins 2-year legal battle with city After an almost two-year struggle, Lakeway resi- dent Bianca King received a home business permit in August to run her day care, Rainbow’s Edge.
Home day care rules: Lakeway vs. The State’s laws While Texas has minimum standards for licensed and registered home child-care businesses, the City of Lakeway is able to further regulate business operations based on the location of the day care and the interests of the neighboring community.
King had previously been denied twice for a permit and filed a lawsuit with the city in 2022, claiming Lakeway’s home business ordinance was unreasonable and violated the state constitution. Later that year, several changes were made to Lakeway’s home business ordinance, including the reduction from 19 to 10 requirements, and the addition of home day care criteria. How we got here King, who is a sole income provider for her two children, established the day care during the pandemic after getting laid off from her job. In January 2021, it was registered with Texas Health and Human Services and later passed a voluntary state inspection that allowed her to care for up to four children in addition to her own. King’s home backs up to the tee box at the eighth hole of the Live Oak Golf Course. In August 2021, she received a notice from the city that her business required a special use permit to continue operation. The notice followed a complaint from three golfers, including former Mayor Joe Bain, according to court documents. “When you walk by, drive by, you can see the kids out playing, which is fine, but there is a noise issue there,” Bain said at King’s first public hearing with the zoning and planning commission. Throughout King’s legal battle with the city, several residents also voiced concerns about parking congestion and property devaluation. “With the original home occupation ordinance, your business had to be completely ‘undetectable.’
State
King’s permit
Substitute caregiver allowed as needed; no limit to days
Substitute caregiver allowed 20 days per year
Up to 12 children allowed, including in-residence children Could operate at any time during the day, including after school care
5 client children allowed in addition to in-residence children
Can only operate Mondays through Fridays, 9 a.m.-5 p.m.
Drop off and pick up permitted at any protected parking area
Drop off and pick up only allowed on the owners property or their curb
SOURCE: TEXAS HEALTH AND HUMAN SERVICES COMMISSION & THE INSTITUTE FOR JUSTICE/COMMUNITY IMPACT
but now she is limited to 20 days per year. The future McClain said the changes made by City Council have made it easier for most home businesses in Lakeway to receive a permit; however, home day cares are now required to get the specifics of their business operations approved with City Council, which can introduce challenges. While King said she still wishes the state and city permits were aligned, she is nonetheless thankful for the work of the City Council. “This was an important first step for the city to help create awareness of the need for neighborhood home day cares and the changing demographics of the city,” King said.
You basically couldn’t have an inventory of goods or sell services,” said Jared McClain, King’s attor- ney with the Institute for Justice. “Lakeway had one of the most restrictive laws that we’ve seen across the country.” What changed? King said she attended 13 public hearings and revised her permit application several times to meet the requirements of the ordinance. On June 20, the city came to a unanimous agreement to give a one-year permit that would allow her to accommodate five “client children,” in addition to her own, from 9 a.m. to 5 p.m. on Monday through Friday. Before, King was allowed to contract a replacement care provider as needed,
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