Last year in Patel v. Texas Dep’t of Licensing and Regulation,1 this Court struck down as unconstitutional regulation requiring eyebrow threaders take 750 hours of immaterial classwork before the government permitted them to pursue their chosen profession. In the present case, the Texas Alcoholic Beverage Commission (TABC) has promulgated a ridiculous and oppressive interpretation of the state’s tiered house laws, which wrongly denies the Petitioner their right to participate in economic activity, as per Patel. Indeed, the majority opinion in Patel laid out a two prong test, where the satisfaction of either signaled the law’s constitutional infirmity. The so-called “One Share Rule” falls afoul of both. Not only does it establish a standard that is impossible to meet, but it is also completely unmoored from a legitimate governmental interest.
Restoring Private Property Rights: Regulatory Takings
Municipal regulations like zoning ordinances can infringe on private property rights and distort the housing market. Key points: Private property rights are under threat from municipal zoning ordinances and design mandates. Texas law has failed to adequately protect property owners from regulatory takings. By closing the municipal loophole, Texas can be the national leader in...