Texas AG Probes San Antonio Chick-fil-A Contract Ban

AUSTIN, TEXAS — The attorney general of Texas said he has opened up an investigation stemming from the San Antonio City Council's decision to exclude Chick-fil-A from an airport concession contract given the company's opposition to same-sex marriage.

Texas Attorney General Ken Paxton on Thursday vowed he would investigate action last week by the San Antonio City Council, which voted 6-4 to prevent the fast-food franchise from opening at the San Antonio International Airport given its strident opposition to gay marriage. The council's decision to block the fast-food chain for its perceived intolerance of alternative lifestyles garnered national attention while earning the ire of conservatives across the country.

The council excluded the chain from the airport tenant mix the day after ThinkProgress reported the chain had donated $1.65 million in 2017 to the Fellowship of Christian Athletes, a religious non-profit group maintaining a “sexual purity” policy for its employees banning “homosexual acts.” The Chick-fil-A xhain also made smaller donations to Paul Anderson Youth Home, which describes itself as a “Christian residential home for trouble youth” that opposes gay marriage, and the Salvation Army, a group that has long been accused of LGBTQ discrimination.

“San Antonio is a city full of compassion, and we do not have room in our public facilities for a business with a legacy of anti-LGBTQ behavior,” San Antonio council member Robert Treviño said in a prepared statement after the Chick-fil-A ban was implemented. “Everyone has a place here, and everyone should feel welcome when they walk through our airport.”

Paxton, a self-described Christian conservative and religious liberty crusader, is among the conservatives taking umbrage at the Chick-fil-A block by the San Antonio City Council. In opposing the council action, Paxton adheres to a conservative ideology that vehemently opposes marriage that is other than between a man and a woman.

In blocking Chick-fil-A from the lucrative airport contract, the San Antonio City Council cited the exclusionary nature of the chain's stated position as it relates to same-sex marriage, which the faith-based company (which famously closes each Sunday) opposes. Council members view the company's stance as promoting intolerance of alternative lifestyles. For its part, the fast-food company has since responded by saying they do not discriminate against any patrons at their restaurants — even those whose lifestyles the company stridently opposes.

In launching his investigation into the San Antonio City Council's action, Paxton has chosen to frame the issue as one rooted in freedom of religion as enshrined in the U.S. Constitution: “The City of San Antonio’s decision to exclude a respected vendor based on the religious beliefs associated with that company and its owners is the opposite of tolerance,” Paxton said in a prepared statement. "The city’s discriminatory decision is not only out of step with Texas values, but inconsistent with the Constitution and Texas law.”

Paxton said the First Amendment protects individuals and closely held companies from governmental restrictions based on their religious views or religious status. Additionally, he said, federal regulations governing grant money provided to the San Antonio airport prohibit religious discrimination.

In a letter sent to the council last Thursday, Paxton expounded on his stance as it relates to the council's Chick-fil-A ban: “The Constitution’s protection of religious liberty is somehow even better than Chick-fil-A’s chicken,” the Republican lawmaker wrote. to San Antonio Mayor Ron Nirenberg and the rest of the council. “Unfortunately, I have serious concerns that both are under assault at the San Antonio airport.”

To view Paxton's letter to the San Antonio City Council after its anti-Chick-fil-A vote, click here.

Contradicting his renewed posturing centered on religious freedom, however, Paxton effectively made Texas the first state in the union to support Donald Trump's ban on travel by Muslims previously. In a so-called "friend of the court" brief in 2017, Paxton applauded Trump's ban of those practicing Islam even as critics characterized the move as one driven by religious discrimination. Trump framed his ban as one blocking terrorists from entering the U.S., inferring Muslim-dominant countries were hotbeds for terrorism.

Related story: With 'Friend Of The Court' Brief, Texas Becomes First State To Officially Endorse Trump's Muslim Travel Ban

In supporting Trump's ban, Paxton wrote in a press release: "The law makes it very clear that the president has discretion to protect the safety of the American people and our nation's institutions with respect to who can come into this country. he safety of the American people and the security of our country are President Trump's major responsibilities under the law."

Chick-fil-A, a wealthy national franchise with sites across Texas is known for its staunch Christian stance. The company also has worked with groups opposing the legalization of same=sex marriage, citing its corporate message "...to glorify God by being a faithful stewared of all that is entrusted to us and to have a positive influence on all who come into contact with Chick-fil-A."

>>> Story by Tony Cantú/Patch staff