People often make decisions that we find objectionable or foolish. They might invest their money in a manner we believe is too risky or marry the “wrong” person. We may not like their taste in music or their political views. But if we want the freedom to choose our values, then we must respect and defend the freedom of others to choose their values.
But in Austin, many want to limit and control the freedom of others. In the process, they are turning the city into a nanny state. Consider the city’s regulation of short-term rentals as one example.
Several years ago, the city passed an ordinance regulating short-term rentals (such as Airbnb). Among the provisions of the ordinance is a requirement that all guests be asleep by 10 PM. In addition, government officials can conduct warrantless searches at almost any time.
If the city can dictate what time people must go to bed, virtually nothing is outside of its regulatory power.
Defenders of the ordinance argue that it is necessary in order to protect the tranquility of neighborhoods. Short-term rentals, they claim, are nothing more than party houses that attract the “wrong” kind of people.
Undoubtedly, such nuisances occur. But as a recent article in the Texas Tribune points out, they are far less frequent than the ordinance’s supporters would have us believe. And in those rare cases, nuisance laws provide a ready and proper remedy.
The right to property means the freedom to create, use, and trade values. If a property owner wishes to use his home for short-term rentals, he has a moral right to do so. And he also has a right to establish whatever terms and conditions he deems appropriate. His guests, not the city, have a right to accept or reject those terms.
Instead of dealing with the few bad players, the city has chosen to penalize every short-term rental owner. The owner is deemed guilty even when he and his guests have done nothing wrong. And the owner is guilty merely because he is engaging in an activity that some find offensive.
If the government regulated every activity that someone finds offensive, there is no activity that would not be controlled and restricted. Rather than live and let live, the busy bodies in Austin want to treat adults like children. And in the process, they are turning the city into a nanny state.