AUSTIN, TX – The Texas Public Policy Foundation (TPPF) filed their opening brief at the U.S. Court of Appeals for the Fifth Circuit challenging the City of New Braunfels’ unconstitutional ban on short-term rentals (STRs). This case will determine whether local governments can disregard fundamental property rights based on vague assertions rather than substantive evidence.
“For over five years, our clients have been forced to fight for their right to use their homes as they—and generations before them—always have,” said Chance Weldon, Director of Litigation at TPPF. “The Fifth Circuit has already made it clear that local governments must do more than just provide conclusory statements to justify stripping property owners of their rights. The district court’s refusal to follow this directive undermines constitutional protections and emboldens government overreach.”
The case centers on the City of New Braunfels’ decision to outlaw STRs in residential areas, despite them being a common residential use of property. Even after the property owners showed that short-term rentals don’t produce more nuisances than other uses of people’s homes, the Court still ruled in favor of the city.
“The City’s position boils down to ‘we say so, therefore it is,’” said Christian Townsend, Attorney at TPPF. “If that is all it takes to satisfy rational basis review, then constitutional property rights are effectively meaningless. The Constitution demands more, and the courts must enforce that requirement.”
TPPF argues that local opposition alone cannot justify an unconstitutional restriction on private property rights. If a city wishes to ban a traditional residential use, it must at least provide substantive, fact-based reasoning rather than vague claims about “preserving residential character.”
The Texas Public Policy Foundation remains committed to defending private property rights and limiting government overreach. The outcome of this case will have significant implications for property owners across Texas and beyond.
To read more about the case, click here.
To watch TPPF’s interview with plaintiff Rafael Marfil, click here.
Texas Public Policy Foundation is a non-profit free-market research institute based in Austin that aims to foster human flourishing by protecting and promoting liberty, opportunity, and personal responsibility. The Center for the American Future defends the Constitution through legal opposition to government overreach. The Center launches legal challenges at the administrative, district, and appellate court levels on behalf of ordinary people whose lives, liberty, and property are threatened by government action in defiance of the Constitution.
###