Management Properties, LLC v. Town of Redington Shores, Florida
A vacation rental operator challenged a Redington Shores ordinance regulating short-term rentals, arguing that provisions requiring written notice of applicable laws to guests and requiring operators to address and report violations were compelled speech under article I, section 4 of the Florida Constitution. The Second District affirmed judgment on the pleadings as to the guest-disclosure provision, holding the Town's interest in promoting compliance sufficed under any level of scrutiny, but reversed as to the mandatory reporting provision, holding that the relaxed Zauderer standard is confined to commercial advertising and that the pleadings did not show the reporting mandate satisfied heightened scrutiny.
Key facts
- Management Properties, LLC, a vacation rental operator, challenged a Redington Shores ordinance regulating short-term rentals as compelled speech under the Florida Constitution.
- The ordinance required written notice to guests of applicable laws and regulations, and required operators to address and report violations to the town or law enforcement.
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Why it matters
The opinion is useful to litigators challenging local ordinances on compelled-speech grounds, confirming that Zauderer's deferential standard is confined to commercial advertising and that the government bears the… — full analysis with a trial
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