AUSTIN – Yesterday, the Texas Public Policy Foundation filed a brief in the Court of Appeals for the Third Judicial District in Austin. Because Austin’s short-term rental ordinance exceeds the city’s authority and infringes on the constitutional rights of property owners and guests, TPPF seeks a reversal of a trial court’s judgment.

Robert Henneke, general counsel and director of the Center for the American Future at the Texas Public Policy Foundation made the following statement:

“This court has long protected the notion that a person’s home is their castle, whether they be an owner, tenant, or guest. TPPF seeks this court’s protection against infringement of short-term rental owners and guests’ most personal, constitutionally protected rights to privacy, assembly, association, freedom from unreasonable searches, due course of law, and equal protection all infringed upon by Austin’s short-term rental ordinance. Appellants have toiled to build their short-term rental endeavors and enjoyed the liberty to provide a peaceful home for their tenants and guests. None of the appellants have ever had a complaint made against them related to their short-term rental, nor does the data show that short-term rentals within the City of Austin present a public nuisance. As such, the appellate court should protect our clients’ rights to economic liberty through operation of their short-term rental as protected by the equal protection and due course of law provisions of the Texas Constitution.”

For more information or to request an interview, please contact Alicia Pierce at or 512-472-2700.

The Honorable Robert Henneke is the general counsel and director of the Center for the American Future at the Texas Public Policy Foundation.  

The 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.

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