On July 18, 2018, ECBA filed a federal lawsuit against the City of New York and others on behalf of Stanley “Skip” Karol, a lifelong Brooklyn resident, who uses the Airbnb platform to rent out part of his family home. The suit alleges that, in violation of the First Amendment and the Due Process Clause, the City retaliated against Mr. Karol for his remarks criticizing City officials and policy at a public hearing before the New York City Council on June 26, 2018. Concerned that the legislation pending before the Council would put him in the same category as operators of illegal hotels, Mr. Karol exercised his First Amendment rights by participating in a public hearing on the bill. Days later, City enforcement officials appeared at Mr. Karol’s two-family home in Sunset Park, Brooklyn, and issued him four summonses carrying fines of tens of thousands of dollars. The complaint alleges that the enforcement effort aimed at Mr. Karol was retaliatory, and the summonses issued to Mr. Karol are baseless. “People shouldn’t have to worry that when they go home, there’s going to be a knock on the door just because they decided to speak up against the government,” ECBA partner Andrew G. Celli, Jr. told the press. The case was widely covered and the subject of a New York Post editorial.
Mr. Karol is represented by ECBA attorneys Andrew G. Celli, Jr., Debra Greenberger, and Ashok Chandran. A copy of the complaint can be found here, and additional press coverage of the case can be found here, here, and here.