Over the past couple of decades, technological
advances have afforded entrepreneurs unprecedented opportunities to start
businesses from their homes, allowing them to save money, maintain a flexible
schedule, and realize their dreams of self-employment. But as Americans grapple
with the coronavirus healthcare crisis, the ability to earn a living from home
has taken on a new significance. Now more than ever, lawmakers must eliminate
unnecessary regulations governing home-based businesses, so that people can
continue providing needed services while social distancing, and so that our
economy can recover as quickly as possible.
Unfortunately, scores of outmoded zoning, licensing, and permitting requirements are impeding people’s ability to work from home. Some cities even make operating a home-based business a crime—punishable by stiff financial penalties and even jail time—simply because the business is run from a home instead of an office.
Just a few weeks ago, a Springfield,
Virginia, woman who ran an internet clothing business from her home was forced by the city to shut down because
the local zoning doesn’t permit “retail sales establishments” in people’s homes—even
if those sales only occur online. She’s already lost $30,000 of her income. In
these times of great uncertainty, we should be doing everything we can to make
it easier for people to find and sustain work—not turning honest,
hardworking people into outlaws.
Yet cities from Nashville to Portland to
San Francisco to Phoenix routinely prohibit people from earning money by providing much-needed services
from home, such as cutting hair, giving violin
lessons, tutoring schoolchildren, teaching yoga, or doing people’s taxes. Some
cities even require artists to get permission
from the government to work in at-home studios.
Surprisingly, many cities even prohibit home-based businesses from employing off-site nonresidents. Chandler, Arizona, resident Kim O’Neil ran afoul of a similar restriction when she tried to run a quiet, unobtrusive medical billing business that helped doctors and patients, and provided flexible jobs to women—only to be shut down by city officials because she employed people who didn’t even work out of her house.
With many businesses shuttering
indefinitely as the country battles COVID-19, it’s unthinkable that governments
would stand in the way of people finding innovative ways to earn a living and
serve their community’s needs. If it’s legal to do your own income taxes at your
kitchen table, there’s no reason that an accountant should be barred from doing
someone else’s taxes in her home office, assuming she follows the rules of the
profession. If a mother can teach her daughter to play the violin in her living
room, it makes no sense for the government to penalize her for teaching someone
else’s daughter in the same living room for money.
When they return to their statehouses,
legislators looking to accelerate economic recovery should prioritize laws that
protect people’s rights to safely and peacefully work from home. Under Goldwater’s Home-Based Business Fairness Act, people who work
from home and don’t cause disruption to the residential area aren’t required to
obtain a costly and time-consuming home occupation license or permit. Cities
can still require that homes be primarily used as residences, so there would be
no risk of shopping centers cropping up in residential neighborhoods. But if people’s
work has no harmful effect on the community—meaning they don’t generate excess
parking or traffic, or cause noise or other disturbances, and are not visible
from the street—Big Brother can’t deny them the right to work.
These are trying times, and Americans
have enough on their hands dealing with an unprecedented national health
crisis. Responsible home-based business owners should not be dragged
through expensive, tedious, often futile permitting processes. We can and will recover from these difficult times—and one of the
first steps toward ensuring that is for policymakers to embrace the new
economy and empower people to pursue the American Dream, whether they do so
from an office or their living room.
Christina
Sandefur is the Executive Vice President at the Goldwater Institute.
Since 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.
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