I am an active-duty Naval Officer in the United States Navy and a property owner in South Lake Tahoe. In January 2021, I purchased a home in this community with the intention of offering it as a short-term rental, believing that such an endeavor was permissible and beneficial to our local economy.

However, due to the enforcement of Measure T, I have been unable to utilize my property as intended. Recently, the El Dorado County Superior Court ruled that Measure T is unconstitutional, citing violations of the dormant Commerce Clause. Despite this ruling, there is concern that the City Council may appeal the decision, further infringing upon the rights of property owners like myself.

Here is a letter written to the South Lake Tahoe City Councilmembers ahead of their meeting Tuesday:

Dear City of South Lake Tahoe Leadership,

I hope this message finds you well. My name is Ted Kinney, and I am an active-duty Naval Officer in the United States Navy. In January 2021, I purchased a home in South Lake Tahoe with the intention of using it as a short-term rental property. At that time, I believed that permits were still available for such use. However, due to the enforcement of Measure T, I have been unable to utilize my property as intended and have been compelled to rent it out on a long-term basis, which has limited my ability to enjoy my home.

I am writing to respectfully urge the City Council not to appeal the recent El Dorado County Superior Court ruling that struck down Measure T as unconstitutional, specifically citing violations of the dormant Commerce Clause of the U.S. Constitution. The court found that the permanent resident exception within Measure T unfairly discriminated against non-resident property owners, thereby violating constitutional protections.

As a property owner and member of this community, I am deeply concerned about the potential continuation of policies that infringe upon our constitutional rights. I also wish to highlight that if any City Council members have benefited from Measure T due to property ownership within the Tourist Core area of South Lake Tahoe, such a situation would represent a significant conflict of interest and a miscarriage of justice. Should evidence of such unfair advantage come to light, I am prepared to collaborate with legal counsel to address this issue comprehensively.

The City now faces the challenge of reinstating a fair and lawful system for issuing permits that allow property owners to engage in short-term rentals. This is not only a matter of legal compliance but also one of respecting the rights of all property owners within our community. I implore the Council to consider the broader implications of appealing the court’s decision, including the potential for further legal disputes and the continued division among residents.

Historically, courts have consistently held that local ordinances must not discriminate against non-residents or unduly burden interstate commerce. For instance, in Edwards v. California, 314 U.S. 160 (1941), the Supreme Court struck down a California law that impeded the free movement of individuals, emphasizing the importance of maintaining an open national economy free from local protectionist measures.

In light of these considerations, I respectfully request that the City Council refrains from appealing the court’s decision and instead focuses on developing equitable regulations that honor the rights of all property owners. Furthermore, I urge transparency and fairness in any future policymaking processes to ensure that no individual or group receives undue benefit at the expense of others.

Thank you for your attention to this matter and for your service to our community.

Sincerely, Ted Kinney