SDM represents the City of San Antonio in an appeal involving constitutional claims arising out of planned improvements in a public park. The City plans improvements to crumbling riverbanks within Brackenridge Park, a large urban park. Members of a Native American group contend that work in one segment of the river would entail removal of trees and disturb nesting of certain birds that are important to their religious practice. They sued in federal court, seeking a preliminary injunction based on state and federal free exercise protections.  The district court denied a preliminary injunction, and the plaintiffs appealed to the Fifth Circuit.

Last spring, the Fifth Circuit issued an opinion affirming that denial and allowing the City to proceed with its planned improvements to the Park. But last summer, it vacated that opinion on rehearing and certified a question to the Supreme Court of Texas involving the application of an amendment to the Texas Constitution that forbade governmental prohibitions on religious services in the wake of the pandemic.

In June 2025, the Texas Supreme Court answered the certified question construing the scope of the constitutional amendment such that the City of San Antonio may proceed with the Park improvements and take necessary “actions for the preservation and management of public lands.”

The SDM team representing the City of San Antonio included Jane Webre, Eli Barrish and Willie Cochran.

The case is Perez v. San Antonio. In the Fifth Circuit it is No. 23-50746. In the Supreme Court of Texas it is 24-0714.