A Louisiana judge permanently dismissed federal antitrust and First Amendment claims against NAR over membership requirements for access to MLS.
A Louisiana judge has dismissed a “tripartite agreement” lawsuit against the National Association of Realtors, the Greater Baton Rouge Association of Realtors, the New Orleans Metropolitan Area Association of Realtors, ROAM MLS, and several other defendants.
Brokers Carla DeYoung and Carlos Alvarez and agents Tammy Jo Williams and Darlene Curry filed a complaint against NAR and other defendants in January 2025. The complaint alleges that NAR’s tripartite agreement rules (which require members to also join a local or state association to access the MLS) violate First Amendment rights, along with the Fair Housing Act, Federal Trade Commission Act, Sherman Antitrust Act, and other laws.
Louisiana District Court Judge Shelley D. Dick issued a ruling Wednesday permanently dismissing federal antitrust and Fair Housing Act claims against NAR, GBRAR, NOMAR, ROAM MLS, and Kenneth Daman, registered agent of ROAM MLS and Executive Vice President of GBRAR.
Judge Dick also stayed litigation on the state’s antitrust claims, dismissed without prejudice the Sherman Act and Fair Housing Act claims against Daman, and gave the plaintiffs 21 days to file an amended complaint.
“We are pleased that the court adopted the magistrate judge’s recommendation and dismissed the plaintiffs’ federal claims,” a NAR spokesperson told Real Estate News, which first reported the news on Friday. “As we have previously stated, NAR supports a pro-competitive, consumer-oriented local broker marketplace that local associations may choose to offer as a member benefit.”
“Each local MLS sets its own requirements for determining access to the platform and governing participant conduct on the platform,” they added, noting that several MLS access rules were repealed and revised during NAR NXT in November 2025.
The association has survived several tripartite lawsuits and achieved victories in Illinois, Pennsylvania, and Texas. Complaints remain pending in Michigan, Maryland and several other states.
Despite the lawsuit, NAR remains steadfast in its support of the agreement and its role in maintaining the “ecosystem.”
NAR CEO Nikia Wright said in November 2024, “Some of you may have heard rumors that the tripartite agreement is difficult to challenge. We are here to make sure those rumors die down because… Because it’s our duty to make sure that people understand what’s going on at the local level, the state level, and the national level. It’s about making sure that people understand that there’s no cannibalization of services and that we’re really working together to make things work.”
