Keep Chicago Livable v. City of Chicago

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
Nos. 17-1656 & 17-2846 Cons.
Decision Date: 
January 14, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded

Ct. of Appeals vacated Dist. Ct’s orders denying plaintiffs’ request for preliminary injunction and dismissing without prejudice certain claims made by plaintiffs in action alleging that defendant’s Shared Housing Ordinance that regulated home-sharing activities, including services offered by Airbnb was unconstitutional, where record failed to establish that any of individual plaintiffs or organization plaintiff had standing to bring instant lawsuit. Record showed that individual plaintiffs either no longer owned property subject to said Ordinance, or could not articulate how Ordinance is preventing/hampering any of their home-sharing activities in Chicago, or could not articulate how Ordinance prevented/inhibited them from visiting Chicago. Also, organization plaintiff lacked standing to bring instant lawsuit, where said plaintiff: (1) failed to show that it owned any property or engaged in any activity regulated by Ordinance; (2) failed to allege any concrete or particularized injury to said plaintiff caused by Ordinance; and (3) made only generalized allegation that Ordinance caused drain on its educational activities. On remand, plaintiffs will be given another opportunity to establish standing and will be able to substitute any party that has requisite standing to bring instant lawsuit.