The city of San Antonio is challenging the claims made by members of the Lipan Apache Native American Church, who are relying on a Texas constitutional amendment to block limitations on their religious services. In a statement to the Texas Supreme Court on Wednesday, Jane Webre of Scott Douglass & McConnico LLP, representing the city, argued that the 2021 amendment prohibiting limits on religious services must be viewed in the context of COVID-19 restrictions.
Church members had filed a lawsuit alleging that San Antonio’s park restoration plan for Brackenridge Park threatened their religious practices. They contended that the amendment required the city to explore other options before restricting access to the sacred site. However, San Antonio disagreed, asserting that the amendment does not provide an absolute prohibition on limiting religious services, and that the city’s actions, such as tree removal and bird population management, fall under its authority to regulate public health and safety.
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