Judge dismisses federal lawsuit over Lafayette short-term rental ban

The lawsuit challenged the city's ordinance limiting short-term rentals in residential zones as unconstitutional.

Mar. 16, 2026 at 8:54pm

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A federal judge has dismissed a lawsuit challenging the Lafayette Consolidated Government's ban on short-term rentals in residential zones. The lawsuit, filed by Michael DeSelle and Becky Guidry, claimed the ordinance was unconstitutional, but the judge ruled that the city had the power to regulate land use and zoning in its jurisdiction.

Why it matters

The ruling upholds Lafayette's efforts to limit the growth of short-term rentals, which some residents argue disrupt the character of residential neighborhoods. The decision affirms the authority of local governments to make such policy decisions through the democratic process rather than through federal litigation.

The details

In 2023, Lafayette enacted an ordinance restricting short-term rentals to properties not zoned for single-family residential use. DeSelle and Guidry, who have membership interests in limited liability companies that own short-term rental properties, filed a federal lawsuit claiming the ordinance was unconstitutional. However, the judge ruled that local land use regulation is primarily the responsibility of elected representatives, not federal judges. The judge also found the plaintiffs ineligible to seek damages, as individual LLC members cannot pursue claims on behalf of the company.

  • The ordinance limiting short-term rentals in Lafayette was enacted in 2023.
  • The federal lawsuit was filed in 2026.
  • The judge dismissed the lawsuit with prejudice on March 12, 2026.

The players

Lafayette Consolidated Government

The local government of Lafayette, Louisiana that enacted the ordinance restricting short-term rentals in residential zones.

Michael DeSelle and Becky Guidry

The plaintiffs who filed the federal lawsuit challenging the Lafayette ordinance as unconstitutional. They have membership interests in limited liability companies that own short-term rental properties.

Judge David Joseph

The federal district judge who granted the motion to dismiss the lawsuit with prejudice, ruling that local land use regulation is primarily the responsibility of elected representatives, not federal judges.

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What they’re saying

“Lafayette has blatantly violated two separate constitutional provisions with its Short-Term Rental Ordinance.”

— Michael DeSelle and Becky Guidry, Plaintiffs

“Fundamental principles of federalism dictate that such policy judgments should normally be resolved at the local level through the democratic process, not by converting these disputes into constitutional litigation decided by federal judges.”

— Judge David Joseph, Federal District Judge

What’s next

The judge's dismissal of the lawsuit with prejudice means the case is permanently closed and cannot be filed again.

The takeaway

This ruling upholds the authority of local governments like Lafayette to regulate land use and zoning, including restricting short-term rentals in residential areas, through the democratic process rather than federal litigation. It affirms that such policy decisions should be made by elected representatives, not federal judges.