Texas Supreme Court Orders On The "Save Chick-fil-A Law" In Dohlen v. City Of San Antonio (April 1, 2022)

• Published date: 06 April 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Freeman Law
• Author: Cory Halliburton

Dohlen v. City of San Antonio, No. 20-0725, __S.W.3D__ (Tex. April 1, 2022)

Overview. In this case, the Texas Supreme Court addresses, for the first time, Chapter 2400 of the Texas Government Code, being the "Save Chick-fil-A Law" (or more formally: Prohibited Adverse Actions by Government - Protection of Membership In and Support to Religious Organizations). As discussed below, Chapter 2400 provides an express waiver of governmental immunity for government action that is in violation of Chapter 2400, including action to deny any government benefit based on a person's affiliation with a religious organization.

Dohlen v. City of San Antonio. In March 2019, and after certain San Antonio City Council persons made reference to Chick-fil-A's support of anti-LGBTQ religious organizations, the City Council voted to ban Chick-fil-A from the San Antonio airport. In June 2019, Chapter 2400 of the Texas Government Code was signed into law, with an effective date of September 1, 2019. A few days after Chapter 2400 became effective, several individuals who complained that they would be unable to enjoy Chick-fil-A at the San Antonio airport, filed suit against the City of San Antonio ("City") pursuant to Chapter 2400. The City sought a dismissal based on governmental immunity and lack of standing. The trial court denied the City's request. The City appealed that decision to the court of appeals which found that the City was immune from the suit. The claimants petitioned that ruling to the Texas Supreme Court, which essentially found that claimants allegations at the trial court level were insufficient to invoke a waiver of immunity contained in Chapter 2400; however, claimants should be afforded an opportunity to replead at the trial court level to allege sufficient facts.

Chapter 2400 of the Texas Government Code. Chapter 2400 consists of 6 individual statutes: Tex. Gov't Code ' 2400.001, .0015, .002, .003, .004 and .005.

Adverse Action Prohibited. Chapter 2400 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 contribution, donation, or other support provided to a religious organization." Id. at ' 2400.002 (emphasis added). The term "adverse action" is defined as any action taken by a governmental entity to:

• withhold, reduce, exclude, terminate, or otherwise deny any grant, contract, subcontract, cooperative agreement, loan scholarship, license,...