Martin Q. Blank said:
Red Pear Realty said:
This will be challenged in court, Dallas will lose, and it will cost their taxpayers a lot of money. Good times.
Haven't other cities banned them? What makes Dallas different?
Great question.
First, the 5th Circuit (of which Texas falls under)
has already struck down STR bans like this one in New Orleans. Smart municipalities (like College Station) relaxed or removed their STR bans after that ruling, because you'd be dumb to knowingly pass an unconstitutional city regulation like this and get sued for it and lose, right? At least Dallas waited until after the special session ended so the state couldn't slap them down immediately.
But that leads us to the second reason. As soon as Red state Texas gets the opportunity to slap down blue city anti-business shenanigans, they will do it. Don't mess with Uncle Sam or Tio Greg's tax revenues.
And finally, I'm of the opinion that the next time the Democrats have the ability to, they will pass some nationwide legislation
like California's that puts an end to single family zoning. So this will all end up being moot anyway. Just my take.
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