Airbnb’s long fight against Clark County might be heading to a close. 

In a ruling Wednesday, Nevada District Court Judge Miranda Du paused fines, penalties and liens against Clark County homeowners for short-term rental activities. It’s a win for the Greater Las Vegas Short-Term Rental Association and its co-plaintiff, Airbnb, as Du said Clark County’s laws likely violate constitutional rights. 

Du ruled that prohibiting property owners from renting their properties likely violates protections outlined by the 14th Amendment, which states that “no state may deprive any person of life, liberty, or property” without due process. Under the new injunction, the county is prohibited from mandating short-term rental licenses, issuing fines and liens, as well as “declaring short-term rentals a public nuisance.” 

It is the latest development in the long-running battle between Airbnb and short-term rental owners against Clark County and the state that began in 2021 with the passage of SB363, legislation that sought to provide a pathway for Airbnbs to become licensed in Nevada. The move comes after Du denied a motion to dismiss the case filed by Nevada Attorney General Aaron Ford earlier this month. Ford declined to comment on the earlier proceeding. 

Jackie Flores, president of the short-term rental association, called it “a big win.”

“They’re beholden to the resort hotel industry," Flores said about Clark County officials’ effort to restrict short-term rentals. 

In an email to The Nevada Independent, Jennifer Cooper, a spokesperson for Clark County, said that the county could not comment on pending litigation but “is aware of the order and will be reviewing it to determine next steps.” 

Lawyers from the short-term rental association and Airbnb argued the county’s rules had made it nearly impossible to get a short-term rental license. 

“I think that [Judge Du] really understood the irreparable harm,” attorney Mark Hutchinson, who represented the Greater Las Vegas Short-Term Rental Association, told The Nevada Independent earlier in December. 

This is the short-term rental injunction granted by Du. Earlier this year, she ruled that Airbnb was allowed to temporarily keep its listings online.

There are an estimated 14,000 listings in Clark County, according to the website InsideAirbnb, a company that lobbies against the real-estate giant. By the county’s regulations, they are operating illegally. As of October, there were 208 short-term rental listings licensed by the county. 

For years, critics have said that Clark County’s short-term rental regulations were unfair and unconstitutional, essentially a “ban in disguise.” 

However, Airbnb is also unpopular among some locals, who complain of “party houses” in their neighborhoods.

In October, Clark County Commission Chair Tick Segerblom told The Indy that the county’s rollout of licenses was slow and would take time to get worked out. He also said he’d heard from several residents calling for stricter enforcement. 

“I know it’s frustrating for the neighborhoods,” Segerblom said earlier this year, noting his district covers neighborhoods in downtown and eastern Las Vegas and was particularly affected by the issue due to the lack of homeowners associations.