HomeMy WebLinkAboutCOM 0675.431 2022-2024From: Tyler Melling
Sent: Monday, August 19.20241118AM
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To: Council Testimony
Subject: Follow -Up onConstitutional Concerns Regarding Proposed 8i|| Regu|ai�g S —+
Term Vacation Rentals
Dear Members ofthe Hawaii County Council,
I am fol.Lowing up on the constitutional concerns I raised in my previous comment submitted on July 5
regarding the proposed bit[ regutating Short Term Vacation Rentals (STVRs). I aLso want to reiterate that
my family attorney reached out to Council. Chair Heather KimbaL1 via email in January of this year with the
same concerns, providing the fuLL text of the retevant San Diego and New Orleans cases for review, the
citations for which I have copied at the end of my comment for reference. To summarize, the New
Orleans case struck down the parts of the New OrLeans ordinance that favored owner -occupied
properties over operator-occu pied properties, and the San Diego case upheld the ordinance because the
two groups were pLaced on equal. footing.
My husband, Spencer Jones, addressed these issues at the Last pubLic hearing and SUboeqUeOtLvspoke
with the county's corporate counseL. Despite these muLtipLe attempts to bring this matter to your
attention, I am deeply concerned that the councit is stiLL considering approval of this bil.l. with such
significant constitutional flaws.
If the Council proceeds with this measure without ensuring that operator -hosted and owner -hosted TARs
are treated equatly, I know that severat of us will be forced to protect our constitutionat rights in court,
which is a path we have tried to avoid in putting the county on notice of the ftaws before the ordinance is
approved. Because we have ditigently worked to notify the county council. of this issue, we wit[ be Left
with no other option but to ask for Legal. fees when we are forced to take action to uphold established
constitutional Law.
I urge you once again to carefully reconsider the constitutional impLications of this bill and to amend it
accordingly to ensure compliance with the Dormant Commerce CLause and to avoid any unnecessary
legal challenges.
Thank you foryour attention to this critical issue.
Sincerely,
Andrea C),Jones
Cases Cited:
HigD8U-St8[kV.City OfNew Orleans, 4GF.4th317-Court OfAope8h;,5thCircuit 2O22
Short Term Rental AUimnomOfSan Diego v.City DfSan Diego, Dist. Court, SDCeUf0[Oi32O23