A Texas Home Daycare May Have to Close Allegedly Due to Golfers Complaining of Noise

A home daycare in Texas is closing, allegedly due to noise complaints from golfers.

Bianca King is a mother of two from Austin, Texas, and owns Rainbow's Edge Childcare, an at-home daycare. 

The mother was laid off during the pandemic. She saw an opportunity to move closer to her family in suburban Austin and support herself by doing something she loves: watching young children.

She registered her daycare with the state, checked with her county health department about local rules, and opened her business. Watching a few other neighborhood kids helps her make ends meet.

The home daycare

Despite this, the woman's daycare is in danger of being closed, and she is putting up a fight to keep it open.

According to Slate, King has filed a lawsuit against the City of Lakeway, Texas, alleging that the local government forced her to close down her in-home childcare facility after she received noise complaints from golfers in the surrounding area, one of whom was the city's previous mayor.

Bianca King's attorneys stated in the complaint filed at the Travis County Court that their client's in-home daycare is located directly across the street from the eighth hole of the golf course.

The attorneys claim in the lawsuit that three golfers, one of whom was the former mayor of Lakeway, Joe Bain, lodged a complaint with the city about King's daycare, stating that the noise from the facility interfered with their ability to concentrate on their game of golf.

Home daycare's legalization

Following the legal complaint she received, King was informed that she would need a home occupation permit to continue operating. According to Insider, obtaining the permit has been a long and difficult journey, taking five months and requiring two public hearings.

Despite her efforts to comply with the city's regulations, the commission ultimately denied the permit. The city's home business ordinance, which the daycare owner's attorney described as the strictest they have seen, provides 19 reasons for denying the permit.

When asked for clarification on the rejection, the city cited that the daycare was not undetectable.

However, the attorney found this reasoning too vague, and the daycare owner pointed out that her home would always have toys in the yard and could never be undetectable. 

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The violation to the neighbors

The conflict between King's daycare and the city is about more than just the disruption of a golf course. Forbes highlighted the broader issue of the restrictions placed on home businesses in single-family neighborhoods.

The distinction between a home and a business is not always clear, and daycare operations fall somewhere in between, raising questions about the need for special consideration. Despite this, Lakeway Mayor Thomas Kilgore supports daycares but also defends the city's policies.

He explained that obtaining a home occupation permit helps the city understand the nature of the business and maintain a balance between the neighboring residents' rights and the business's operation.

The preservation of the residential character of single-family zoning districts is considered an important responsibility of the local government zoning authority.

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