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Can You Sue Over a Lack of Chick-fil-A on the Airport?


Is the shortage of a Chick-fil-A restaurant on the San Antonio Worldwide Airport a concrete, particularized harm ample to grant would-be clients standing to sue? We have no idea but, however Texas courts might should grapple with that query.

In 2019, the San Antonio Metropolis Council was tasked with approving an settlement permitting a concessionaire to contract with varied distributors, together with Chick-fil-A, who would function on the San Antonio Worldwide Airport. Some council members voiced their opposition to having a Chick-fil-A on the airport, arguing that the corporate’s historical past of funding anti-LGBTQ organizations made many individuals understand the fast-food chain as an emblem of hate. Following debate, the Metropolis Council authorized the contract with an modification to ban Chick-fil-A from the airport.

In response, the Texas legislature handed Senate Invoice 1978, also referred to as the “Save Chick-fil-A Legislation.” The statute (§ 2400.002 within the Texas Authorities Code) bans authorities entities from taking “any opposed motion towards any particular person based mostly wholly or partly on the particular person’s membership in, affiliation with, or contribution, donation, or different help offered to a non secular group.”

The legislation’s definition of “opposed motion” contains denying “any grant, contract, subcontract, cooperative settlement, mortgage, scholarship, license, registration, accreditation, employment, or different comparable standing from or to an individual.”

Would-be Chick-fil-A clients who frequented the airport filed a grievance towards the Metropolis of San Antonio searching for declaratory and injunctive reduction on the assertion that town was violating § 2400.002. The district courtroom denied town’s plea to the jurisdiction, which argued governmental immunity and lack of standing. The courtroom of appeals reversed and dismissed the case with out giving the plaintiffs a chance to replead. The state supreme courtroom reversed the courtroom of appeals’ judgment and remanded to permit plaintiffs a chance to replead.

The Query of Immunity

“Sovereign immunity” is a authorized concept that stops federal and state governments from being sued until the legislature waives such immunity. In flip, “governmental immunity” refers back to the similar idea utilized to state subdivisions, reminiscent of counties and cities.

§ 2400.002 explicitly waives governmental immunity when an individual alleges a violation of the part of the statute prohibiting authorities entities from taking ¨any opposed motion towards any particular person based mostly wholly or partly on the particular person’s membership in, affiliation with, or contribution, donation, or different help offered to a non secular group.¨ The Texas Supreme Courtroom discovered that the plaintiffs didn’t meet this pleading normal.

The town’s determination to not permit Chick-fil-A got here earlier than the Texas legislature handed the legislation. In reality, the legislation was a response to town’s determination. Although the plaintiffs alleged that town’s violation of the statute was persevering with in nature, they described no motion aside from implementing the amended concession settlement that violated the statute after it took impact.

The dearth of allegations of post-law violations was not deadly, nonetheless, and the state supreme courtroom granted the plaintiffs a chance to revise their pleadings.

Is There a Proper to Chick-fil-A?

Sadly, remanding the case for repleading made it pointless for the Texas Supreme Courtroom to deal with the difficulty of whether or not the would-be Chick-fil-A clients had standing to file swimsuit towards San Antonio for its determination to not let the restaurant function on the airport. Thus, we don’t but know whether or not “the denial of a most well-liked consuming choice on the airport” is a concrete, particularized harm. Provided that the plaintiffs can plead that town’s alleged violation of the statute is constant in nature might we get to this fascinating query.

You Don’t Have To Remedy This on Your Personal – Get a Lawyer’s Assist

Assembly with a lawyer can assist you perceive your choices and learn how to finest shield your rights. Go to our legal professional listing to discover a lawyer close to you who can assist.

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