AUSTIN - The Texas Supreme Court is allowing a group of claimants to replead their case against the city of San Antonio – individuals who sued over the city’s exclusion of Chick-fil-A from the San Antonio airport.
According to the high court’s April 1 opinion, the petitioners allege that the San Antonio City Council voted to prohibit the opening of a Chick-fil-A in the San Antonio airport based, at least in part, on Chick-fil-A’s contributions to religious organizations that councilmembers found objectionable.
Months after the vote, Texas enacted Senate Bill 1978, also known as the “Save Chick-fil-A law,” which prohibits a governmental entity from taking any adverse action against any person based wholly or partly on the person’s membership in, affiliation with, or support of a religious organization.
Days after SB 1978 became law, the plaintiffs sued the city under sections 2400.003 and 2400.004 of the Texas Government Code, court records show.
Court records show that the trial court denied the city’s plea to the jurisdiction and Rule 91a motion to dismiss. The Fourth Court of Appeals, however, reversed the ruling, dismissing the case for lack of jurisdiction.
The Supreme Court found that Section 2400.004 requires more than conclusory references to the statute’s elements. And to invoke the waiver of immunity, a plaintiff must plead sufficient facts to actually allege a violation of Section 2400.002.
“We hold that petitioners’ pleading does not allege sufficient facts to invoke Chapter 2400’s waiver of governmental immunity,” the opinion states. “But because the pleading also does not affirmatively negate jurisdiction, petitioners are entitled to an opportunity to replead.
“Accordingly, we reverse the court of appeals’ judgment dismissing the case for lack of jurisdiction and remand to the trial court to give them that opportunity.”
Case No. 20-0725