Venus should let a state-registered home daycare open

Venus should let Rosi Paredes Garcia open her home daycare. On Oct. 15, 2026, Garcia sued the city, seeking declaratory judgment and temporary and permanent injunctions. Her petition argues that the ordinance violates Texas law and the Texas Constitution. Garcia’s petition says Venus left a warning on her front door on August 18, 2025, stating that home childcare was not permitted under § 34-8(c) of the city code. The petition quotes the ordinance’s list of banned home businesses as “auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, television repair, and child day care center.”

On X on Oct. 16, Joshua McCabe said the town was trying to ban Garcia’s home daycare despite a recent state law explicitly protecting situations exactly like this one¹. Texas enacted a 2025 law barring local governments from prohibiting no-impact home-based businesses. The Texas House passed the law 128-4, and the Senate passed it 29-2². Venus put a child day care center on the same list as auto repair and television repair.

“auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, television repair, and child day care center”

Texas law protects qualifying home businesses

Texas lawmakers wrote the opposite rule into House Bill 2464 in 2025. The House passed the bill 128 to four on May 14, 2025, and the Senate passed it 29 to two on May 25. A no-impact business must keep its employees and clients within the municipal occupancy limit and must not generate on-street parking or a substantial increase in traffic through the area. The bill also bars cities from requiring a license, permit or other approval to operate. Cities keep their fire, building, health, sanitation, traffic, waste and noise rules, and home businesses must comply with them². Venus can enforce those conditions against a plan. It cannot erase the category.

A registered provider is ready for families

Texas registered Garcia on June 4, 2025, to operate a home daycare serving up to six children during normal school hours. Her homeowners association had already cleared the business, according to her petition. Garcia ran a daycare from her home in New Brighton, Minnesota, for almost a decade before she moved to Texas. After she advertised on local Facebook pages, families nearby showed interest in enrolling their children³.

The state reinspected the home on September 15, 2026, and the commission found zero deficiencies among 1,041 standards evaluated before it issued a current registration. Under the city’s warning, operating would expose her to a misdemeanor charge and fines of up to $2,000 per day³. Nearby parents have a state-registered provider ready, and the city has told her she cannot open.

Her pickup plan keeps cars off the street

According to attorney James Odell, city officials linked the ban to street-parking concerns. Garcia’s petition says the children would play in her fully fenced backyard, with parents staggering pickups so they could all park in her driveway³. If her plan meets that test, Venus has no ban left to enforce.

Venus should let Rosi open

Garcia’s petition says zoning official Oscar Ortiz emailed her that she could operate the daycare only if the city council changed the law. The petition recounts that another city official told Garcia a no-impact home business did not need permission from anyone to operate. Garcia’s suit asks the court to block enforcement of the ban.

Venus should drop the categorical ban, apply the state’s conditions to Garcia’s plan, and let families in Venus choose her registered daycare.

Sources

1. @JoshuaTMcCabe on X, 2026-10-16: A Texas town has tried to ban a woman from operating home-based childcare depite a recent state law explicitly protecting situations exactly like this one. Glad to see @IJ taking up this case. 💪🏼 https://ij.org/case/venus-texas-home-daycare/ https://x.com, 2026-10-16
2. 89(R) HB 2464 - Enrolled version - Bill Text
3. ROSI PAREDES GARCIA,