Alleged Political Bias in Airbnb Eviction
A controversy is brewing over an alleged eviction by an Airbnb host in Philadelphia of Trump supporters. It is reported that individuals campaigning for Trump were supposedly given an hour to vacate the property after the host discovered they were in Pennsylvania to rally votes for Trump. If these allegations are confirmed, it poses a significant issue for Airbnb regarding hosts imposing political conditions for their property use.
While the other side of the story has not yet been heard, these allegations, if proven, raise a variant of an issue that has been debated for years: the role of private companies or businesses in censoring speech or blacklisting individuals.
Private Property Rights and Political Conditions
Private property owners have the right to exclude people from their property for various reasons. This homeowner is likely to be applauded by many who agree with the decision. If an owner wishes to operate their home like an Airdnc, they have every right to do so. The question is whether they can do so as an Airbnb.
It's worth noting that many of the same individuals supporting this owner likely opposed the right of business owners in cases like Masterpiece Cake Shop and 303 Creative. In those instances, the owners refused to create products for celebrations that conflicted with their religious beliefs.
Refusal of Service on Political Grounds
In this particular case, an owner is accused of refusing service or rentals based on political grounds. The question is not whether this owner has the right of exclusion in a home, but whether Airbnb is now allowing such political tests to be applied by owners. This would create uncertainty for guests who wouldn't know if they might be evicted if they reveal their political viewpoints or affiliations.
Micro-Cancel Problem and Request for Refund
This incident could be seen as a micro-cancel problem. There have been instances where universities and colleges cancel conservative and libertarian speakers under pressure from faculty and students who cannot tolerate opposing views.
Citizens Alliance’s PA CHASE claims that it is still pursuing a requested $5,000 refund. Airbnb's contractual language mentions guest identity verification, reservation screening, and a 24-hour safety line as tools used to verify guest identities and screen reservations for potential party and property damage risk.
Airbnb's Stance on Political Conditions
If the group is mistaken or misrepresenting the facts, Airbnb should clarify this. It should also clarify its policy on possible political conditions for Airbnb listings. One possibility is that the owner will argue that he or she did not want the property used for a high-traffic political effort operating out of the home. A homeowner could reasonably demand that the property not be used for large parties or high-traffic enterprises.
On the other hand, Citizens Alliance suggests that they were merely planning to stay at the home. Other guests have likely held parties on rented premises without such alleged immediate action. Notably, Airbnb offers homeowners up to $3 million in insurance for any property damage.
Airbnb has a strong anti-discrimination policy on race but is silent on political viewpoints.
Implications for Airbnb's Business Model
If the host barred Trump supporters due simply to their political affiliations or the purpose of their visit, it would seem contrary to the business model of the company. However, there are difficult hypotheticals on the extremes.
For instance, what if an owner came to hand over the keys only to find guests wearing KKK or neo-Nazi outfits? What if a pro-life owner learned that the home would be used as the base camp for a pro-abortion campaign? Do they have the right to decline service like a cake shop or web designer?
The difference may be based on the use of the property. Airbnb operates like an aggregated hotel chain using private owners to supply the rooms. Just as Hyatt cannot impose political litmus tests, it is unworkable to allow such a test by individual owners and still maintain a viable national chain.
Need for Clarity in Airbnb's Contractual Conditions
If this owner was in compliance with Airbnb's contractual conditions, the site should make that clear to renters. At a minimum, Airbnb would have to require owners to state upfront any threshold political conditions. That would be a nightmare for the company since the site would turn into a patchwork of threshold exclusions. That would destroy the premise of the site which treats the room stock as uniformly available and only differentiated on physical layout and pricing.
Non-Discriminatory Policy on Political Viewpoints
In the same way, Airbnb could make clear that, as long as the property itself will not be used for political or advocacy activities, owners are expected to adopt a non-discriminatory policy on political viewpoints. The cost of renting out your home to strangers is that you will likely disagree with the values of many of the renters.
Airbnb is reportedly still looking at the refund request.
Bottom Line
This incident raises important questions about the rights of property owners and the potential for political bias in the sharing economy. It underscores the need for clear policies and transparency from platforms like Airbnb. What are your thoughts on this issue? Do you think Airbnb hosts should be able to impose political conditions on their guests? Share this article with your friends and let's get the conversation started. Don't forget to sign up for the Daily Briefing, available every day at 6pm.
