Harrison v. City of Rancho MirageAnnotate this Case
In 2014, defendant-respondent City of Rancho Mirage passed Ordinance 1084, which amended the City’s municipal code that provided rules and regulations for renting private homes as short-term vacation rentals. Among other things, it required that a person over the age of 30 sign a contract agreeing to be the responsible person for the rental and ensuring that all of the occupants follow the rules and regulations regarding vacation rentals, in order to minimize the negative secondary effects on the surrounding residential neighborhoods. Plaintiff-appellant Brian Harrison owned a condominium in the City. Harrison filed a Complaint for Declaratory Relief and Preliminary and Permanent Injunction alleging that Ordinance 1084 violated California’s Unruh Civil Rights Act (Unruh Act), which prohibited a business establishment from discriminating in housing or other accommodations on the basis of age. The City filed a demurrer contending that the Unruh Act did not apply to legislation by the City. After hearing the matter, the trial court granted the City’s demurrer without leave to amend. Harrison argued on appeal that the trial court erred by sustaining the demurrer without leave to amend because his Complaint stated sufficient facts to constitute a cause of action for a violation of the Unruh Act. Finding no reversible error in the trial court's judgment, the Court of Appeal affirmed.