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There is a place for boycott and a place for civil rights. Much of the 1964 Civil Rights Act focused on ensuring equal access to public accommodations. Is Airbn

There is a place for boycott and a place for civil rights. Much of the 1964 Civil Rights Act focused on ensuring equal access to public accommodations. Is Airbnb a public accommodation? Absolutely. Is equal access protective of ideology? I'd argue yes, it should be, on the same grounds as speech.

darawk 9y ago
> Is Airbnb a public accommodation? Absolutely Whether or not it counts as a 'public accommodation' actually seems like a bit of a subtle question. Relevant wiki: https://en.wikipedia.org/wiki/Public_accommodations https://en.wikipedia.org/wiki/Public_accommodations It seems like it'd be clear that AirBnB itself is a public accommodation, but not necessarily so clear that each individual renter on AirBnB would count as such. So while the site itself may not be able to discriminate, individual property owners may. IANAL though, but it seems like an interesting question. (Also, my post should not be construed to be advocating either position, simply contemplating the legal question)
- zachrose 9y ago
  I too am interested in this hinge of the issue, but I don't see any compelling argument (in the link or anywhere else) that Airbnb rentals are unique from motels. For one, the renter's end of the transaction is basically the same. For another, it seems clear that the law is meant to ensure equal access to move about the country. Regulating the market means being skeptical of distinctions without a difference.
  - darawk 9y ago
    I think the two lines of argument would be: 1. The 'private club' exception. An individual renter is a small operation, and could maybe argue that their property represents a private club. In the same way that businesses under 15 employees (or whatever the limit is) are exempt from certain civil rights requirements. They're too small to be considered 'public' accommodations. 2. The word 'establishment': "any inn, hotel, motel, or other establishment which provides lodging to transient guests,". Is an AirBnB renter an 'establishment'? The word is a bit poorly defined, but an argument could be made that since most AirBnB renters are not incorporated, they could not be considered to be 'establishments'. It may also turn on the degree to which the renting is a primary use of the home in question. I.e. if you own the house only to rent it out, you are an 'establishment', but if you also live there and only rent it occasionally, you are not.
cooper12 9y ago
Sorry, Nazi isn't a protected class.
- zachrose 9y ago
  Correct. To be clear I'm talking about what Airbnb should do not strictly what the law says they must do. I'm not sure that Airbnb is violating the civil rights act, but at the least it's an instructive framework for comparison. And while I welcome Airbnb's attention to the issue and the basic first-order attempt at doing the right thing, I also see this as an insidious way for Airbnb to shirk the responsibilities that come with public accommodation, and a lack of imagination on the ways they could contribute to a just world.
  - cooper12 9y ago
    My point was that you're misunderstanding public accommodation. It only protects against discrimination on specific factors, of which political ideology is not one of them. Private businesses still have the right to deny service to those not protected by these laws, and airbnb is exercising their right as they know how.
    - zachrose 9y ago
      Thank you for this sharp distinction. I had forgotten the particulars about what constitutes a protected class.
- trentmb 9y ago
  Yes McCarthy, just like socialist.
jackmott 9y ago
wanting non white people to die isn't ideology. it is evil and should be stamped out.
zachrose 9y ago
The events of the last few days and comments below have made me reconsider whether equal access should protect ideology. Protected classes have something in common, which is that they are aspects of nature and circumstance that their members don't control in the way that somebody decides to be a white supremacist. (https://en.wikipedia.org/wiki/Protected_class https://en.wikipedia.org/wiki/Protected_class) I'm okay with Airbnb's particular move here, though I would strongly argue they are a public accommodation. Those two distinct questions got mixed up in my head.

darawk 9y ago

> Is Airbnb a public accommodation? Absolutely Whether or not it counts as a 'public accommodation' actually seems like a bit of a subtle question. Relevant wiki: https://en.wikipedia.org/wiki/Public_accommodations https://en.wikipedia.org/wiki/Public_accommodations It seems like it'd be clear that AirBnB itself is a public accommodation, but not necessarily so clear that each individual renter on AirBnB would count as such. So while the site itself may not be able to discriminate, individual property owners may. IANAL though, but it seems like an interesting question. (Also, my post should not be construed to be advocating either position, simply contemplating the legal question)

zachrose 9y ago
I too am interested in this hinge of the issue, but I don't see any compelling argument (in the link or anywhere else) that Airbnb rentals are unique from motels. For one, the renter's end of the transaction is basically the same. For another, it seems clear that the law is meant to ensure equal access to move about the country. Regulating the market means being skeptical of distinctions without a difference.
- darawk 9y ago
  I think the two lines of argument would be: 1. The 'private club' exception. An individual renter is a small operation, and could maybe argue that their property represents a private club. In the same way that businesses under 15 employees (or whatever the limit is) are exempt from certain civil rights requirements. They're too small to be considered 'public' accommodations. 2. The word 'establishment': "any inn, hotel, motel, or other establishment which provides lodging to transient guests,". Is an AirBnB renter an 'establishment'? The word is a bit poorly defined, but an argument could be made that since most AirBnB renters are not incorporated, they could not be considered to be 'establishments'. It may also turn on the degree to which the renting is a primary use of the home in question. I.e. if you own the house only to rent it out, you are an 'establishment', but if you also live there and only rent it occasionally, you are not.

cooper12 9y ago

Sorry, Nazi isn't a protected class.

zachrose 9y ago
Correct. To be clear I'm talking about what Airbnb should do not strictly what the law says they must do. I'm not sure that Airbnb is violating the civil rights act, but at the least it's an instructive framework for comparison. And while I welcome Airbnb's attention to the issue and the basic first-order attempt at doing the right thing, I also see this as an insidious way for Airbnb to shirk the responsibilities that come with public accommodation, and a lack of imagination on the ways they could contribute to a just world.
- cooper12 9y ago
  My point was that you're misunderstanding public accommodation. It only protects against discrimination on specific factors, of which political ideology is not one of them. Private businesses still have the right to deny service to those not protected by these laws, and airbnb is exercising their right as they know how.
  - zachrose 9y ago
    Thank you for this sharp distinction. I had forgotten the particulars about what constitutes a protected class.
trentmb 9y ago
Yes McCarthy, just like socialist.

jackmott 9y ago

wanting non white people to die isn't ideology. it is evil and should be stamped out.

zachrose 9y ago

The events of the last few days and comments below have made me reconsider whether equal access should protect ideology. Protected classes have something in common, which is that they are aspects of nature and circumstance that their members don't control in the way that somebody decides to be a white supremacist. (https://en.wikipedia.org/wiki/Protected_class https://en.wikipedia.org/wiki/Protected_class) I'm okay with Airbnb's particular move here, though I would strongly argue they are a public accommodation. Those two distinct questions got mixed up in my head.