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Airbnb Denied

Airbnb has been desperately attempting to overturn new laws through challenges in federal court with major cities across the country who have been passing strong short term rental laws to rein in the negative impacts to housing and neighborhoods.

Andrew Zacks, Managing Shareholder, Zacks Freedman & Patterson PC, has been involved in federal and local short-term rental cases, developing the fact around why Airbnb’s attempts to invoke federal laws to overturn local regulations don’t pass legal muster especially given the recent decision by the U.S. Court of Appeals for the Ninth Circuit to reject Airbnb’s legal arguments in its case against Santa Monica city government officials.

“The precedent set by the recent ruling of the U.S. Court of Appeals for the Ninth Circuit denying Airbnb’s legal challenge and upholding Santa Monica’s stringent short-term rental ordinance is further confirmation that Airbnb’s legal arguments will not hold up to careful scrutiny. Given the recent federal court ruling upholding Santa Monica’s strict short-term rental ordinance exposing the deficiencies in Airbnb’s legal arguments, cities and localities facing similar challenges should remain steadfast. The law is on their side.” Andrew Zacks, Managing Shareholder, Zacks Freedman & Patterson PC

The fact sheets call out Airbnb’s attempts to manipulate federal laws like the Communications Decency Act, the Stored Communications Act and even the First and Fourth Amendments to the U.S. Constitution as ineffective and invalid in fighting regulations enacted across the country, and why states and localities should not be bullied or intimidated by Airbnb’s aggressive legal tactics.


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