Victory: City Grants Permit for Home Day Care Provider to Keep Business Open

LAKEWAY, Texas—Last night, the Lakeway City Council granted a permit allowing Rainbow’s Edge Family Childcare owner Bianca King to keep her home day care business open, 16 months after she teamed up with the Institute for Justice (IJ) to file a lawsuit challenging the city’s home business law. The permit will allow Bianca to watch five children at a time, and will also allow her to hire a contractor/helper for 20 days per year. 

“I’m so excited to finally get my permit so I can continue providing quality childcare for families in the Lakeway community,” said Bianca. “This has been a long and difficult process. I’m looking forward to putting this saga behind me and continuing to run my business.” 

Bianca started her state-licensed home day care business after being laid off during the COVID-19 pandemic. For months she ran her business without issue. In August 2021, Bianca was informed that she would need a permit from the city, in addition to her license from the state. When Bianca applied for a permit, she was denied by the city’s Zoning and Planning Commission, which cited complaints from golfers on the nearby golf course that they could see toys and hear children playing in Bianca’s yard.  

In February 2022, Bianca joined forces with the Institute for Justice (IJ) to file a lawsuit challenging Lakeway’s home business law, which effectively banned all home businesses. A month later, the city agreed to let her continue running her business while the lawsuit was pending. Then, in August 2022, the city reformed its home business law, getting rid of many of the strictest provisions. 

“We’re very happy the city finally did the right thing and granted Bianca her permit,” said IJ Senior Attorney Erica Smith Ewing. “Every Lakeway resident deserves the ability to earn an honest living, and denying Bianca a permit to run her state-licensed day care prevented her from doing so.” 

“Bianca’s business provides a valuable service to Lakeway parents. Yesterday’s decision to grant her a permit both protects her right to earn an honest living and ensures the much-needed service she provides won’t disappear,” said IJ President and Chief Counsel Scott Bullock.