10/08/2026
Waxahachie Update: So Apparently the Affidavit Is “Suspended”
Back in July, Homemade Texas and the Farm and Ranch Freedom Alliance sent the City of Waxahachie a letter challenging its requirement that cottage food producers and vendors sign and notarize a City-created affidavit to participate in certain events. We explained why we believed the requirement violated state law, cited the applicable statutes, and offered to work with the City on a lawful alternative.
They didn't respond.
We followed up on August 10. Still no response.
So, because apparently this is how we have to communicate with local governments now, we filed yet. another. Public Information Act request. The City withheld some communications under attorney-client privilege, which they are legally entitled to do (dangit), but what they did produce tells a pretty interesting story.
July 27: We sent our letter, and City staff immediately began circulating it internally. Meanwhile, Mayor Pro Tem Travis Smith showed up in our Facebook comments to argue with us while repeatedly missing the actual issue. So while the City couldn't manage an actual response, one of its elected officials did find the time to debate us on Facebook, providing the interesting spectacle of an elected City official crashing out in the comments. Repeatedly.
August 3: City Manager Ricky Boyd called a meeting with staff regarding “Cottage Food Affidavit Meeting Notes.”
August 10: We followed up and again offered to discuss the issue. Jason Watson forwarded our email internally and wrote, “I will not take any action unless I've received direction.” Public Information Officer Alice Jauregui responded, “I don't think it's necessary to respond,” although she suggested that if Watson felt he needed to, he could tell us the City was reviewing its policies and would communicate any changes to the community.
He didn't.
August 25: Apparently some direction had arrived. Health Inspector Vanessa Muniz informed City staff that “the affidavits have been suspended.” When another employee asked whether cottage food vendors therefore needed to provide neither permits nor affidavits, Muniz confirmed: “Correct. If they are saying they are Cottage Law, there is no document that needs to be received from them.”
September 1: Watson put it even more plainly: “The affidavit requirement is currently suspended until we can get the better direction from the City attorney.”
Well! That seems relevant!
And that's where things apparently remain. More than a month later, nobody from the City has told us any of this.
So no, we're not declaring victory. “Suspended” isn't “rescinded.” We don't know what advice the City Attorney has given because those communications are privileged, and we don't know whether Waxahachie intends to bring the affidavit back.
What we DO know is that after we challenged the requirement, the issue traveled up the chain, the City Manager called a meeting, the City Attorney became involved, and the City stopped requiring the affidavit while it sought legal advice.
You know who they apparently didn't think needed to know? Us. Or the cottage food producers affected by the requirement.
That's the maddening part. Public officials don't have to agree with us. If they think we're wrong, tell us why. If they need legal advice, get legal advice. And if they suspend a requirement while they determine whether they have the authority to impose it, send a two-sentence email saying so. Their own Public Information Officer suggested doing exactly that.
Instead, we had to file a Public Information Act request to discover that the City had quietly suspended the requirement we were asking them to address.
So, Waxahachie cottage food producers: according to the City's own internal communications, the affidavit requirement is currently suspended pending direction from the City Attorney.
We'd still like an actual answer from the people whose salaries are paid by taxpayers. But at this point, we don't expect to get one without another Public Information Act request.