Bodin v. New Orleans
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 30, 2026
Docket25-30524
StatusPublished
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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