The lawsuit goes on to assert that the city is violating the Communications Decency Act's safe harbor protections, which prevent companies from being liable for the content they host. Santa Monica requires that rental outfits both screen would-be renters and take down illegal listings, putting companies like Airbnb on the hook no matter what users do.

The allegations are an expansion of those made in the lawsuit against San Francisco, and clearly up the ante. For all intents and purposes, Airbnb is claiming that Santa Monica is un-American by preventing you from renting your home outside of very specific circumstances. Whether or not the court sees things that way is another matter, though. San Francisco officials maintain that they're only regulating the platform, not the content, and it won't be shocking if Santa Monica offers a similar defense. There's a real possibility that Airbnb will either lose or strike a compromise.