Sue the Officer, Not the City

In Wonderland, Alice was able to resolve a question about hookah use by speaking to the Caterpillar. Unfortunately for the plaintiffs in City of Irving v. The Living Room Irving, the Fifth Court concluded that they could not have an answer to their hookah-related question —  the lounges had pleaded “ultra vires” about a new smoking ordinance against the City of Irving but did not name as a defendant any city officer in an official capacity.

The Court reminded that the Declaratory Judgments Act “does not enlarge a trial court’s jurisdiction” and that even with the ultra vires exception allowing suit against an officer in his or her official capacity, the “governmental entity itself remains immune from suit,” citing City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009). Because the lounges’ pleadings did not affirmatively demonstrate jurisdiction, the claims were dismissed. No. 05-25-01240-CV (June 8, 2026).