Advertising allowed in all communities?

[Patricia540]

Our town of 5,600 has created a framework for discussion of whether to allow Airbnb.  They have identified 17 aspects for discussion.  One of them is ADVERTISING and not allowing any resident to advertise on any home sharing platform, including AirBNB.  Is this legal?  Does anyone in the USA have any experience with this subject.

Currently I have half of my owner occupied duplex listed on Airbnb, as 30 day rentals are legal.  I want to keep my listing up to get quality well vetted guests for month long or longer rentals.

They are talking about not allowing any listings on AirBNB because it is to hard for them to regulate.

I would welcome any researched articles on this or experiences others have to share.  Thank You

[Edwin57]

You have to look at other small town with the same problems,remember now you can't compare city with small town two different things you know what I mean 

[Patricia540]

Of course, thanks...but in general there must be some legal definition of free speech ...I mean in the end this means I can't advertise my rental on Zillow...? really...and I would much rather advertise on AirBNB becaus of the vetting...it just makes sense.

[Linda108]

Air BNB is not an advertising platform, @Patricia540, but a booking platform.  Zillow is an advertising platform.  Perhaps you can make that argument.  Cities and towns do make uninformed, reactionary decisions so informing them is needed.  

[Patricia540]

That is a very interesting way of looking at it.  I will add that statement into the stew of 17 aspects of AirBNB that my village trusttes will be looking at in a community workshop to discuss STR on Jan 27..  This process has been going on for over 5 months.  See my Facebook page on Keep Lake Bluff Liveable and you will find the many ways I have offered education and different approaches to widen the reach of understanding.   Now I need to get to the details of points and the more perspectives I have, as well as legal input, the better it is.  Thanks much.

[Rene-and-Zac0]

@Patricia540 No, the town cannot ban advertising. That’s crazy. What they CAN do is scour the listing platforms trying to figure out who’s renting and who’s not. They can make you get a permit or a variance but they cannot ‘ban’ you from advertising on Airbnb. Clearly that’s free speech. 

How does the local ordinance read regarding STRs? I find more and more people don’t even bother to research the ordinance and find out what it actually restricts and how it reads. 

The town said it themselves, ‘they can’t regulate it’. Maybe it was more of a polite suggestion than an outright ban. Jimminy Cricket, who’s running that town? 

Good luck 

‘You know it’s hard out here for a Host’

[Patricia540]

Hello,

Thank you for your response.  This process has been going on for 5 months.  They have identified 17 aspects of the STR idea they want to sit down and talk about.  One of them is advertsing.  What a long drawn out process.  You can see all the points and approachs I have used on my Facebook page, which is Keep Lake Bluff Livable.  Lots and lots of approaches for understanding and building awareness ...ridiculous hours, simply because I believe in a persons right to use their home in a responsible manner to help meet the bills...it goes on.  Check out the site, join and comment if you wish....whatever....for now you have provided some good info on the advertising aspect,  I have until January 27th to prepare for the other 16 items.....