TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to

Standing: Duarte v. City of Lewisville, Cause No. 13-40806 in the Fifth Circuit. TML and TCAA filed an amicus letter brief in support of the City of Lewisville. Aurelio Duarte, his wife, and two children filed suit attacking the constitutionality of the City of Lewisville’s sex offender residency restriction ordinance seeking damages, declaratory and injunctive relief for alleged civil rights violations under 42 U.S.C. § 1983. The district court concluded that A. Duarte and his family lacked standing. The case was appealed to a Fifth Circuit Panel consisting of Circuit Judges Prado, Smith and Wiener, who reversed and remanded the district court’s orders on the grounds that both A. Duarte and the Family Appellants had standing because they had an injury in fact. The City of Lewisville filed a Petition for Rehearing En Banc. TML and TCAA’s brief in support was filed on August 12, 2014.