Full Breakdown
Shawnee's Co-Living Ban Upheld by Federal Appeals Court
4/12/2026, 1:35:36 PM
Overview of the Ruling
A federal appeals court has upheld Shawnee's controversial co-living ban, which restricts the number of unrelated individuals living together in a single-family home to three. The Tenth District of the U.S. Court of Appeals confirmed the September 2023 dismissal of a lawsuit challenging this ordinance, affirming that it does not violate constitutional rights. The lawsuit was initiated in May 2023 by Shawnee resident Val French and the property management company HomeRoom, Inc., represented by the Pacific Legal Foundation.
Background of the Co-Living Ban
The Shawnee City Council adopted the co-living ban in April 2022, aiming to regulate residential occupancy and prevent commercial exploitation of single-family homes. The ordinance has faced significant backlash from residents and housing advocates, particularly as housing costs in Johnson County have risen. Critics argue that the ban limits affordable housing options and infringes on personal freedoms.
Legal Arguments and Court Findings
The plaintiffs contended that the ordinance exceeded the city's authority by regulating the composition of households rather than the properties themselves. They argued that it discriminates against unrelated individuals living together, violating their rights to intimate association and equal protection. However, the appeals court sided with the original ruling, stating that HomeRoom, as a corporate entity, lacks the constitutional rights to intimate association and that the ordinance does not infringe upon French's rights.
Official Statements & Responses
David Deerson, the attorney representing French and HomeRoom, expressed disappointment in the ruling, stating, “Not only do co-residence bans contribute to the national housing shortage by making it illegal to share space and fill bedrooms, they also interfere with deeply personal choices about how a person chooses to structure their life and home-environment.” The city of Shawnee has not issued a formal statement regarding the ruling, with spokesperson Doug Donahoo indicating that the city is still evaluating the court's decision.
Criticism & Opposition
Community members and housing advocates have voiced strong opposition to the co-living ban. Lisa Larson-Bunnell, a former Shawnee council member, criticized the ordinance as an intrusion into personal lives, suggesting that alternative solutions could have been pursued. Shawnee resident Alex Welch Blattner described the ordinance as a “huge government overreach,” emphasizing its negative impact on working-class individuals who often rely on shared living arrangements to manage housing costs.
What's Next
HomeRoom and French's legal team plan to file a cert petition seeking review by the U.S. Supreme Court, arguing that the case raises significant constitutional questions about the right to form a household. However, the likelihood of the Supreme Court hearing the case remains low, as it typically reviews only about 1% of petitions. Meanwhile, some residents hope that the newly elected city council members may reconsider the ordinance in light of community concerns.
Verbatim Quotes
- “The case raises major constitutional questions about the right to form a household and choose with whom to live,” — David Deerson, Attorney
- “It’s just frustrating because they are trying to define what a family is and making things harder for working class people,” — Alex Welch Blattner, Shawnee Resident
- “My biggest concern about this is an incredible intrusion on people living their lives.” — Lisa Larson-Bunnell, Former Shawnee Council Member
