A group of conservative activists doesn’t have grounds to sue San Antonio over the City Council’s refusal to allow a Chick-fil-A restaurant at San Antonio International Airport, a state appeals court ruled Wednesday.
The group, which includes former council candidate Patrick von Dohlen, sued the city in September alleging that San Antonio was in violation of a “Save Chick-fil-A” law passed by Texas lawmakers last year that bars government agencies from punishing people or companies for affiliating with or donating to religious organizations.
Seven months earlier, council members had voted to approve a contract with an Atlanta-based concessionaire to bring a slate of new vendors to the airport.
But the council told the company to strike Chick-fil-A and find another food vendor, with Councilman Roberto Treviño citing Chick-fil-A’s history of donating to groups opposed to LGBT rights — a point that riled social conservatives.
On ExpressNews.com: San Antonio draws lawsuit under new ‘Save Chick-fil-A’ law
However, the Fourth Court of Appeals ruled the activists had no standing to sue the city and reversing a lower court decision.
Writing for the majority, Chief Justice Sandee Bryan Marion noted the activists effectively were seeking “to undo and invalidate a contract previously approved by the city council, compel the city to re-open the contract approval process, and require the city to re-award the contract to a subcontractor that will operate a Chick-fil-A restaurant in the airport.”
On those grounds, the city has governmental immunity, Marion wrote.
Von Dohlen and Michael Knuffke — both of the San Antonio Family Association, a conservative organization that opposes same-sex marriage and domestic partner benefits for city employees — vowed to appeal the ruling to the Texas Supreme Court.
“This is not unexpected with a court of two progressive liberal Democrat judges and one conservative judge,” the two plaintiffs wrote in a joint statement.
Meanwhile, the city declared victory.
“The plaintiffs tried to use the court to advance a political agenda and we’re glad to see this matter put to rest,” City Attorney Andy Segovia said in a statement.
On ExpressNews.com: ‘Chick-fil-A Alamodome’: New documents shed light on S.A. City Council’s controversial vote — and a never-before-seen proposal
The council vote last March embroiled conservatives including U.S. Sen. Ted Cruz, R-Texas, who said the city was discriminating against the company on religious grounds.
A. Truett Cathy, Chick-fil-A’s late founder, was a devout Southern Baptist who opted to close the company’s restaurants on Sundays. Its chief operating officer spoke out against same-sex marriage in 2012.
Then-Councilman Greg Brockhouse used the controversy to court conservatives and evangelicals in his close but unsuccessful bid to oust Mayor Ron Nirenberg.
Nirenberg had cited financial considerations and passenger convenience as his reasons for rejecting Chick-fil-A. The chain’s policy of staying closed Sundays would deprive hungry travelers of one less option and reduce airport revenue, he said.
Texas Attorney General Ken Paxton and the Federal Aviation Administration launched investigations into whether city officials violated any laws by excluding Chick-fil-A from the airport.
Texas lawmakers passed the “Save Chick-fil-A” bill, which took effect Sept. 1.
Four days later, local activists sued the city alleging that Chick-fil-A was singled out because “it donates money to Christian organizations that oppose homosexual behavior.”
Activists sought to force the city and Atlanta-based concessionaire Paradies Lagardère to open a Chick-fil-A at the airport as the contract originally stipulated.
They also wanted to bar the city “from taking any adverse action against Chick-fil-A or any other person or entity, which is based wholly or partly on that person or entity’s support for religious organizations that oppose homosexual behavior.”
Though the March vote happened before the state law took effect, activists argued they could sue the city because the “ban” on Chick-fil-A remains in effect.
Joshua Fechter is a staff writer covering San Antonio government and politics. To read more from Joshua, become a subscriber. jfechter@express-news.net | Twitter: @JFreports
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August 19, 2020 at 12:00PM
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Texas appeals court rejects ‘Save Chick-fil-a’ lawsuit, hands San Antonio a victory - San Antonio Express-News
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