Texas Supreme Court Gives Plaintiffs Another Shot at a Chick-fil-A at the San Antonio Airport

Call this decision Friday by the Texas Supreme Court one based on governmental immunity – or failure to properly disprove it – for violating an ostensible right to order a Chick-fil-A chicken sandwich at the San Antonio International Airport.Of course the issue is more complicated in this age of culture wars when plaintiffs may want to order their chicken sandwiches and maybe eat them too.The petitioners before the Supreme Court are five people from Bexar and adjoining counties who say they use the airport and want San Antonio enjoined from violating a 2019 law – the “Save Chick-fil-A” law.The law creates a private opportunity to sue the city if the city, as alleged in this case, denies Chick-fil-A an airport restaurant location because of the company’s alleged financial support of religious organizations that promote anti-LGBTQ activism. The statute prohibits a government from taking any adverse action against any person based wholly or partly on the person’s membership in, affiliation with, or support of a religious organization.In its opinion the court noted that Councilmember Roberto Treviño objected to a concession agreement allowing Chick-fil-A its concourse location and “announced that he wanted Chick-fil-A banned from the San Antonio airport.”“The inclusion of Chick-fil-A…