Is the place to test the law in the marketplace, or in court? It's fairly easy for startups to argue the case that "the government is keeping you down", especi

Is the place to test the law in the marketplace, or in court? It's fairly easy for startups to argue the case that "the government is keeping you down", especially when their very existence depends on that argument. But there is also generally a flip-side to the argument as well. In Airbnb's case, zoning laws, insurance requirements and such are all in place not to protect the interests of Marriott (at least not entirely); they exist because populations as a whole want them to exist.