A social worker from New Orleans is determined to continue her quest to establish a respite facility for children with special needs despite the state of Louisiana’s rejection of her application and the U.S. Supreme Court dismissing her previous challenge. This ongoing conflict has led her to file a new lawsuit in state court on March 18th.
Ursula Newell-Davis, a licensed social worker with over 25 years of experience, has dedicated her career to assisting children within their communities. As the mother of a son with autism, she understands the isolation that families often experience.
“A lot of people aren’t comfortable working with children with special needs. They often feel shunned,” Newell-Davis shared. “My goal is to help these children access the services they require.”
“I consider that my superpower,” she added. “Connecting with the community, that’s my strength.”
Newell-Davis aims to open a respite care center offering supervised care for parents of children with special needs for several hours each week. She envisions a safe environment where children can develop necessary life skills while providing much-needed breaks for caregivers.
“Children with special needs often require additional care, making it really challenging for their parents or grandparents to care for them,” she explained. “Many parents hesitate to leave their kids with strangers. I had the backing of my community.”
However, Louisiana health officials rejected her applications in both 2020 and 2025, asserting that she failed to demonstrate a “need” for additional respite services in her proposed area, as outlined in her petition and supported by the Pacific Legal Foundation’s legal team.
The state’s Facility Needs Review process necessitates that certain providers prove there is a demand for new services before they can obtain a license. Newell-Davis contends that this requirement discourages new healthcare providers, even while families struggle to find care. Officials claim there are already too many agencies, but she points out that many licensed providers do not offer the type of respite services that local families desperately need.
“This is something I believe in wholeheartedly, so I invested a lot of money. I really didn’t expect to be turned down,” she stated, noting that she financed office space, phone lines, and computers for years while waiting for a decision. “I knew that many parents I spoke with had been on waiting lists for a year, so I thought I had a good chance.”
In 2021, she filed a federal civil rights lawsuit challenging the law based on the 14th Amendment. After the Supreme Court declined to take up the case in 2023, she and her legal team are now pursuing a new challenge in Louisiana state court.
In her latest lawsuit, Newell-Davis argues that the FNR’s regulations breach the due process and Louisiana’s Right to Livelihood Act. This act mandates that state regulations should focus on safeguarding public health and safety rather than shielding existing businesses from competition.
She further contends that the lack of clear definitions for what constitutes “necessary” gives state officials excessive power to approve or deny applications arbitrarily.
“The Constitution ensures the right to earn a living without unreasonable government interference,” noted the Pacific Legal Foundation, which is advocating for Newell-Davis. “The state cannot simply exclude individuals from economic opportunities just to protect existing enterprises from new competition like Ursula’s.”
Anastasia Borden, an attorney with the Pacific Legal Foundation, emphasized the need for valid justifications before the government can restrict freedoms. “Administrative convenience can’t be the sole reason for taking away freedoms,” she pointed out.
According to the petition, Newell-Davis’ second application comprised over 100 pages of supporting documents, including affidavits from mothers detailing the shortage of respite care for special needs children. The complaint also mentions that at least one mother had to relinquish custody of her child due to the lack of necessary support.
“We want to empower entrepreneurs in our state and nationwide to respond to community needs and effect change without unnecessary obstacles,” Borden concluded.
The lawsuit seeks both declaratory and injunctive relief against enforcing the FNR Rule, along with attorney’s fees and other costs.
The Louisiana Department of Health has not yet responded to requests for comments on the matter.
