Full Opinion

Case: 25-30524 RESTRICTED Document: 144-1 Page: 1 Date Filed: 10/30/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals _____________ Fifth Circuit FILED No. 25-30524 October 30, 2026 _____________ Thomas B. Plunkett, III Clerk Bret Bodin; Brad Newell; Darian Morgan; Michael Rosas; Mid-City Mike Rentals, L.L.C.; Airbnb, Incorporated, Plaintiffs—Appellants, versus New Orleans City, Defendant—Appellee. ________________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:25-CV-329 ________________________________ ON PETITION FOR REHEARING EN BANC Before Wiener, Haynes, and Graves, Circuit Judges. Per Curiam: Treating the petition for rehearing en banc as a petition for panel rehearing (5th Cir. R.40 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (Fed. R. App. P.40 and 5th Cir. R.40). Case: 25-30524 RESTRICTED Document: 144-1 Page: 2 Date Filed: 10/30/2026 No. 25-30524 In the en banc poll, eight judges voted in favor of rehearing, Chief Judge Elrod, and Judges Jones, Smith, Willett, Ho, Duncan, Engelhardt, and Oldham, and nine voted against rehearing, Judges Stewart, Richman, Southwick, Haynes, Graves, Higginson, Wilson, Douglas, and Ramirez. 2