Collaborative consumption or peer economy

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Review the following fact pattern and complete an IRAC (Issue, rule, analysis and conclusion) to evaluate the likely outcome of the case.

Fact Pattern:

The shared economy in the United States is booming. Wikipedia comments in its definition that this new economy is “also known as shareconomy, collaborative consumption or peer economy; a common academic definition of the term refers to a hybrid market model (in between owning and gift giving) of peer-to-peer exchange. Such transactions are often facilitated via community-based online services.”(Wikipedia)

Companies like Uber and Airbnb seem to be thriving. However, in the excitement of expansion the U.S. Congress developed strong concerns about how to regulate this new market. In January 2018, Congress passed a new law requiring all “hosts” of shared economy services (e.g., Uber drivers) to provide their services equally without any discrimination on the basis of race, religion, national origin, or gender, including gender identity and sexual orientation.

Steve Gordon, a Seattle resident and host of Airbnb services does not want to be regulated by this law. He does not want any restrictions regarding who he rents his Capitol Hill home to via Airbnb and has filed a lawsuit in federal court in Seattle to block the law from taking effect. Gordon claims Congress does not have authority to pass such a law. After initial filings, Gordon’s attorney files a motion for summary judgment asking the court to rule as a matter of law in their favor.

You are the judge hearing the motion. What is your decision and how did you reach your conclusion? Focus on the substance of the dispute, not the motion requirements. Please explain your work clearly using the IRAC method.

Reference no: EM132227400

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