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Latest from Otten Johnson Robinson Neff + Ragonetti PC

This week, the City and County of Denver revoked a short-term rental license for the first time, after a hearing before the Department of Excise and Licenses revolving around whether the host actually did meet the “primary residence” requirement.  This action comes just before the new rules for short-term rentals, covered in an earlier blog post, take effect on April 10.  Among other things, those rules give Denver broader rights to revoke or deny…
In a case that we reported on over a year ago, last fall, the Sixth Circuit Court of Appeals reversed a Tennessee judge’s entry of summary judgment in favor of the Nashville metropolitan government, finding instead that the relocation of protesters at Nashville’s Pride Festival violated the protesters’ First Amendment rights. The facts of the case can be found in our prior post.  In short, this case arose from Nashville’s exclusion of anti-homosexuality…
A San Francisco ordinance requiring health warnings on advertisements for some sugar-sweetened beverages has suffered an early defeat.  On January 31, the Ninth Circuit ruled, en banc, that the district court should have granted plaintiff American Beverage Association’s request for a preliminary injunction to prevent the ordinance’s enforcement. At issue was the ordinance’s required rectangular warning label—similar to such labels for cigarettes—occupying 20% of any advertisement for many sugar-sweetened beverages.  The text of the warning was…
Early this month, the federal district court for the Southern District of New York ruled that a New York City law requiring food service industry employers to provide a payroll deduction system for their employees to make donations to non-profit organizations did not violate the First Amendment rights of such employers. New York City’s law became effective in late 2017.  Fast food establishments are required to create and maintain deduction systems.  Upon request from an…
With the 72nd General Assembly in full swing at the state capitol, we’ve selected ten bills (out of 261 proposed, as of January 27) that may be of interest to property owners and real estate developers.  They run the gamut from landlord-tenant law to campaign finance, special districts, and reform to the state’s conservation easement program. We’ll be tracking these bill (and others) throughout the session. 1.                  HB19-1007.  Contribution Limits For County Offices.  Current…
Update: Since the drafting of this post, the below rules were approved and adopted. The final rules will take effect on April 10, 2019. Homeowners operating short-term housing rentals in Denver will soon have a few more boxes to check prior to renting out their homes on popular hosting platforms such as Airbnb and VRBO. While operators of short-term rentals are already required to be licensed by the City and County of Denver, new rules…
Law is what we do and a part of who we are, but our lives are fully immersed in the people, places and perspectives that create Denver’s identity.  Deeply entwined with our legal practice is our love of place.  This is our opportunity to share our personal insights. An impressive number of Denver’s best restaurants are located in the Highlands area, attracting diners from across the Denver metropolitan area and beyond.  Although there is always…
We at the Rocky Mountain Sign Law are pleased to announce the following webinar from our friends at the American Planning Association’s Planning and Law Division: The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning and Law Caselaw Update on Thursday, January 31st, 2019 from 1:00 to 2:30 p.m. ET. Registration for individuals is $20 for PLD members and $45 for nonmembers. Registration for two or…
Denver’s ban on source-of-income discrimination took effect on January 1, 2019. The ordinance, which the Denver City Council approved back in August, prohibits a wide range of conduct in real estate transactions “based upon … source of income.”  Protected sources of income under the ordinance include government housing assistance, Social Security payments, veterans’ benefits, student loans, legal settlements, and court-ordered child support and alimony payments.  The income source must be both “lawful” and “verifiable”…
Fewer than six months after it was enacted as an “emergency” measure, a Cincinnati ordinance singling out billboards for special taxes has succumbed to a constitutional challenge. The ordinance, which met legal headwinds from the start, transparently aimed to make life miserable for the city’s billboard operators and consisted of two primary components: (1) a special tax on revenues from billboard advertising and (2) a hush provision preventing those operators from telling advertisers about the tax.  An…