ELR Citation: 55 ELR 20164
No(s). 23-50746 (5th Cir. Dec 12, 2025)

The Fifth Circuit, in a split opinion, affirmed a district court's judgment in a lawsuit concerning a Texas city's development plan for a 343-acre public park. Church members who used the park for worship sued the city under the First Amendment Free Exercise Clause, the Texas Religious Freedom Restoration Act, and the Texas Constitution, arguing the plan prevented ceremonies necessary for their religious practice. They sought to require the city to grant them access to the area for worship, minimize tree removal, and allow cormorants to nest. The district court ordered the city to allow access to the area for religious ceremonies, but declined to enjoin the planned tree removal and rookery management measures. On appeal, the members argued the district court abused its discretion in determining they failed to show a likelihood of success on the merits. The appellate court disagreed, finding the city sufficiently demonstrated its tree removal and rookery management plans were the least restrictive means to advance compelling governmental interests. It affirmed the district court's judgment and denied the members' emergency motion for injunction pending appeal.