LAS VEGAS (FOX5) — A federal judge has sided with Airbnb to pause part of a new Clark County law that could force the website to take down hundreds, or possibly thousands, of listings.
Airbnb filed for an emergency injunction in federal court, asking a judge to delay enforcement of a new County ordinance going into effect on Sept. 1.
According to Airbnb attorneys in a hearing last week, the new addition to local ordinances would require the company to remove unlicensed listings across its website; the company could face fines for bookings, attorneys said, arguing that the company is not the county’s enforcement arm for short-term rental compliance.
In a ruling issued Thursday, the judge sided with Airbnb on the burden and strain on resources the company would face to review, monitor and deactivate host listings.
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The county failed to explain how a delay in the ordinance’s enforcement date would cause harm to either the county or to the public’s interest, the judge stated in the written ruling.
In the hearing, Clark County attorneys argued, per state law, local governments can enforce laws tougher than state statutes.
A County spokesperson provided this response to the ruling, “We are reviewing the order and it would be premature to comment on next steps at this time.”
Airbnb and the Greater Short-term Rental Association filed a federal lawsuit against Clark County’s short-term rental rules, calling enforcement unconstitutional.
See Airbnb’s full statement below:
Today’s decision is a win for everyday Nevadans, from the small business owners that rely on tourism to the retirees who share their home to make ends meet. Fighting against the entrenched multibillion dollar resort hotel industry, we stand shoulder-to-shoulder with hosts and secured a victory at a crucial moment for Clark County as it faces an economic and tourism slowdown. Short-term rentals offer both critical economic opportunities for everyday Nevadans, as well as more affordable lodging options for visitors. While today’s decision is a win, the fight against Clark County’s short-term rental restriction is far from over. In Nevada and across the country, we will continue to stand up for hosts and their constitutional property rights.
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