Wednesday, August 19, 2026

Ministry Loses Challenge to Ban on Sex Offenders Living Near Places That Children Gather

In Hope Prison Ministries v. City of Fort Worth, Texas, (ND TX, Aug. 14, 2026), a Christian ministry that operates transitional housing for former inmates, including sex offenders, challenged a Fort Worth Ordinance that bars registered child sex offenders from residing within 2,000 feet of any premises where children regularly gather. Apparently, this restriction makes it difficult for HPM to locate appropriate housing. Rejecting plaintiff's claim under the Fair Housing Act, the court said in part:

While Plaintiff may house individuals with a disability apart from them being a child sex offender, Plaintiff fails to identify any provision in the Ordinance that discriminates against persons on the basis of a qualifying disability.

The court rejected plaintiff's free exercise claim, saying in part:

Here, Plaintiff fails to plead any facts showing that the Ordinance is not “neutral” or “generally applicable.”....  A plain reading of the Ordinance shows the restriction is not aimed at any religious practice—it is aimed at protecting children from the risks associated with having child sex offenders near areas where children gather. This neither facially discriminates against adherents of any particular faiths nor targets any religious conduct. Moreover, the Ordinance is generally applicable because it does not restrict housing based on any religious or secular conditions. The Ordinance applies universally to residences under the Ordinance’s jurisdiction. Thus, all conduct—secular and religious—is limited equally, without consideration of any religious commitments or individual exceptions....

The court rejected plaintiff's equal protection claim, saying that "sex offenders are not a suspect class under the Equal Protection Clause." It rejected plaintiff's RLUIPA claim, saying that the challenged Ordinance is not a land use regulation. The court declined to exercise supplemental jurisdiction over plaintiff's claim under the Texas Religious Freedom Restoration Act.