In Barr, et al. v. City of Sinton, a unanimous state Supreme Court concluded that a zoning ordinance that effectively prevented a halfway house ministry for parolees and probationers from operating inside Sinton’s city limits violates the Texas Religious Freedom Restoration Act. The June 19 decision in Barr marks the first time the Supreme Court has interpreted the TRFRA, which the Texas Legislature enacted in 1999.
The Supreme Court found in Barr that Ordinance 1999-02 substantially burdened Pastor Rick Barr’s free exercise of his religion. As noted in the opinion, the ordinance prevents Barr from operating his halfway house ministry in two homes he owned adjacent to his church. But, because Sinton is such a small city, there is no evidence of any alternate location in Sinton where the ordinance would have allowed Barr to operate his ministry, Justice Nathan Hecht, author of the opinion, wrote. The city failed to show it has a compelling interest in having the ordinance or that the ordinance is the least restrictive means of furthering that interest, according to the opinion. [See the court's opinion.]
