A Texas woman claims that city officials closed her home day care after a golfer complained about noise from children.

Bianca King.

Bianca King standing outside the day care.Courtesy of Bianca King

  • A Texas woman claimed in a lawsuit that the city closed day care following noise complaints from golfers.

  • Bianca King operates day care from home facing the golf course.

  • She said she might have to leave the house if King lost the court battle.

A woman suing Lakeway, Texas, has accused the local government of closing her home day care after receiving noise complaints from nearby golfers, including the city’s former mayor.

Bianca King’s lawyer, two single mothers, Complaints A client’s home day care facing the tee box on the 8th hole of a local country club golf course is facing complaints despite being inspected and approved by Texas, according to Travis County Court. It was submitted.

In a lawsuit, three golfers, including former Lakeway mayor Joe Bain, complained to the city that toys were visible in King’s backyard and noise from day care was interfering with the round of golf. Insist.

King told insiders that he had never personally received a noise complaint from day care.

However, in response to a complaint to the city, King was told in a lawsuit that he needed to obtain a “home-based” permit to continue operating.

According to the lawsuit, King, who opened day care in January 2021 to watch over children in the neighborhood after being fired in a COVID-19 pandemic, was asked for permission for five months in two hearings. He told the insider that it had turned into a trial.

According to the proceedings, Bain First hearing with the city’s zoning and planning committee.

“There will be toys, and they’re on the golf course … As you walk down the street, you can see the kids playing there. That’s great, but there’s a noise problem,” he said. Said. According to the proceedings, he said.

After the hearing, the Commission rejected King’s application for permission, King’s proceedings said.

Erica Smith Ewing, King’s lawyer at the Legal Training and Research Institute, said Lakeway’s Home Business Ordinance was “the toughest we’ve seen” and gave the city 19 different reasons to refuse business. I told the insider.

According to King’s proceedings, the city said her business was not “undetectable” when asked why her request was denied.

Ewing told the insider that he felt the reasoning was too vague. King said she would never be “undetectable” because her house always has toys in the yard.

The proceedings allege that another ruling imposed on King banned clients from coming home and violated King by allowing parents to pick up their children. ..

King appealed the committee’s decision to the city’s coordinating committee, which held a second hearing, in which the current mayor testified in her favor.

However, after the hearing, the city’s coordinating committee denied King’s complaint, According to city records.

In her case against the city filed on Tuesday, King sought $ 1 in damages and asked the court to keep her day care open.

The city ordinance states: King is usually fined $ 2,000 daily if he keeps day care open in violation of a city decision, but Ewing does not impose a fine on insiders until the case is heard in court. Said that he agreed. About 1 month.

A representative of the city of Lakeway told insiders on Tuesday that the city had noticed the proceedings.

“We are in the early stages of this process and cannot provide additional information at this time,” the representative said.

Meanwhile, Bain told insiders that King’s neighborhood does not have a homeowner’s association and “relies on city ordinances (enacted in the 1970s) to protect the rights of neighbors.” ..

He said home day care like King would “never be allowed in the new lakeway area protected by the Homeowners Association.”

“No one wants to rob her of her support,” Bain said. “She needs to start a business in a field that is compatible with these types of businesses.”

If the judge ruled against King, she told insiders that she might need to rent another home away from the golf course to live and host outside of day care.

“It’s all very disappointing,” King told the insider. “But I’m hopeful just knowing that I’m doing the right thing. When certain people just wanted me to leave, I wasn’t just leaving. did.”

No trial has yet been assigned to King’s case.

Read the original article insider

Posted on