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SAN FRANCISCO (AP) — A federal appeals court on Wednesday upheld a decision to dismiss a lawsuit by a farmer that challenged a law banning the inhumane confinement of egg-laying hens.
The 9th U.S. Circuit Court of Appeals affirmed the 2012 decision by a lower court to throw out the lawsuit by egg farmer William Cramer. Cramer’s lawsuit said the law is unconstitutionally vague.
It’s the third time courts have rejected lawsuits by egg farmers against California’s landmark Proposition 2.
The initiative approved in 2008 bans the inhumane confinement of egg-laying hens, breeding pigs and veal calves in cages so small the animals cannot stretch their limbs, lie down or turn around.
Read article on San Francisco Chronicles
Just days before San Francisco’s “Airbnb law” is scheduled to take effect, a federal judge on Wednesday dismissed a challenge to the law from rival vacation-rental firm HomeAway but left the door open for HomeAway customers to file their own lawsuit.
The ordinance legalizes and regulates vacation-rentals in private homes. HomeAway claimed that it was tailored for Airbnb’s business model and asked for a preliminary injunction to stop it from taking effect Sunday. That implementation date can go forward, the court ruled.
HomeAway’s objections focused on residency and tax requirements.
Most of the 1,200 San Francisco rentals advertised on HomeAway and its subsidiary VRBO are second homes, whose owners live elsewhere and thus don’t meet the permanent residency requirement. And the law said that “hosting platforms” must collect and remit San Francisco’s 14 percent hotel tax. HomeAway argued that it is not a middleman like Airbnb, which handles the entire rental transaction, but merely a marketplace — more like Craigslist or the newspaper classifieds — where homeowners can list the spaces.
Read full article on SFGate