Takeaway updates home business ordinance, daycare owner still suing

Lakeway City Council voted on Monday night to clarify and streamline the city’s home business ordinance. Bianca King, who operates an at-home day care in the city, said the changes were not enough to drop her trial because of the ordinance being falsely restrictive.

In March, King sued the city after she was denied permission to continue operating a small day care business out of her home. The Zoning and Planning Commission rejected King’s permit application in November, arguing that the day care did not fit all 19 of the city’s criteria for a legal home business. At the time, King’s lawyers argued that Lakeway’s home trade ordinance was unreasonably strict on the issue of violating the state’s constitution.

King is a single mother with experience working in the field of education providing childcare to many local families. She opened her day care after being laid off earlier in the pandemic and it is now her main source of income. King registered her business as a babysitting service with the Texas Health and Human Services Commission in January 2021 and is allowed to see up to four children in addition to herself.

Bianca King, center, plays with her children, Apollo, left, and Indigo, in the yard of their Lakeway home.  King is suing the city to keep its at-home day care business open.

More:Lakeway resident sues the city for keeping his home day care business open

With the new ordinance, the city reduced the requirements to 10 and added a clause that specifically addresses care at home.

Several requirements remain the same, including that a home business cannot change the residential character of the lot and that the use of the building as a business will be secondary to its use as a home.

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