Two Lafayette residents have filed suit against Lafayette Consolidated Government, alleging that an ordinance outlawing short-term rentals has violated their constitutional rights.
"This lawsuit challenges an unprecedented and discriminatory Lafayette ordinance that targets “short term rentals” of single-family residences lasting less than 30 days. That ordinance deprives a disfavored subset of property owners in the City of their fundamental right to lease the property and their right to include others on the property, in direct conflict with the Takings Clause and the Equal Protection Clause of the U.S. Constitution. The ordinance cannot remain standing," the lawsuit, filed Monday, states.
Plaintiffs in the case are Michael DeSelle, described in a press release as a retired DOTD employee, and Becky Richard, a local floral designer and realtor.
We've reached out to LCG to see if they have any response and we'll update this story if they do.
The lawsuit targets an ordinance adopted by the Lafayette City Council that bans short-term (less than 30 days) rentals in certain residential neighborhoods. To read our story about that, click here.
The lawsuit, which you can read by scrolling down, alleges the ordinance violates two parts of the U.S. Constitution.
"Simply put, Lafayette has blatantly violated two separate constitutional provisions with its Short-Term Rental Ordinance. Plaintiffs thus seek declaratory relief, injunctive relief, and damages to remedy the City’s constitutional violations and to vindicate the fundamental rights of homeowners," the suit alleges.
The suit claims that Lafayette never had issues with short-term rentals, and argues that existing ordinances - that cover nuisance behavior, noise, waste and traffic - are all that are necessary to address any concerns raised by short-term rentals.
The suit, filed by Jones Walker's New Orleans office and a Virginia law firm, asks that the court stop officials from enforcing the ordinance and award them damages and attorney's fees.
Here's the lawsuit:
