Airbnb hosts navigate legal maze amid state abortion bans

“It is assumed that opening your doors to an abortion seeker will be a relatively straightforward system,” said Marisa Falcon, executive director of Apiary for Practical Support, an abortion rights group. “Someone says, ‘I need accommodation,’ you give them accommodation. It’s much more complicated than that. »

Well-meaning people could involve those they are trying to help, she said. She also fears that anti-abortion groups and law enforcement will exploit these posts to directly put pregnant women at risk.

Many large companies, including Airbnb, Amazon, Apple and Uber, have pledged to pay travel costs for workers seeking abortions in states where they remain legal. But the legal landscape is so new that it’s unclear whether some companies might still face limits on their ability to provide such benefits.

And Texas and Oklahoma go even further with so-called “bounty” clauses that directly target employers. They allow citizens to sue anyone who “aids and abets” an abortion as early as the sixth week of pregnancy, which includes “paying or reimbursing the cost of an abortion through insurance or otherwise.” . The wording of Oklahoma’s bill is vague enough that even clinic workers don’t know what qualifies as complicity in care.

Texas’ SB8 law, which went into effect last September, “is so broad, it gives so much power to anyone in the country who opposes abortion access to bring lawsuits that are completely frivolous,” said Rupali Sharma, senior attorney and director of the Lawyering Project, a pro-abortion legal group. While the wording of the law leaves businesses and individuals exposed to legal challenges, those most vulnerable are those seeking abortions, as well as providers, abortion funds and convenience support organizations.

The Supreme Court ruling, which will make abortion illegal in about half of U.S. states, could also subject San Francisco-based Airbnb to subpoenas for all the data it holds about its hosts and guests.

For years, advocacy groups have been sounding the alarm over digital privacy when it comes to abortion access. Law enforcement’s focus on search history is common – Google alone received more than 50,000 subpoenas and search warrant requests for its data in the first six months of 2021, and data privacy experts are warning that without additional protections, everyone involved in helping someone get an abortion could be at risk. Google recently said it would automatically delete records of users’ visits to sensitive locations, including abortion clinics.

For all these reasons, advocates advise against ad hoc solutions, however well-intentioned, and instead encourage people to support existing pro-abortion rights groups and funds.

A Virginia-based host quickly updated her Airbnb listing after the Supreme Court ruling to show she would welcome women seeking abortions. “At a time when I feel like I have so little control, it’s something I have control over,” the host said, asking not to be identified while discussing a sensitive subject. “The reason I started was to create space and a welcoming space for travelers.” But soon after, the host took the language off the list, opting instead to make it available through a local nonprofit. So far, two patients have booked registration.

Another Airbnb Community Center host said after the Supreme Court ruling he thought it was an opportunity for Airbnb to “do good” and hoped getting an abortion in another state would qualify for Open Homes, the company’s refugee sponsorship program.

Airbnb has in the past taken a public moral stance on other important issues it cares about, such as working with hosts and international aid organizations to provide housing for refugees from Ukraine and Afghanistan.

But aside from offering to pay travel costs for its own employees, Airbnb has remained largely silent since the decision. The company said last September that it “supports women’s reproductive rights” and will defend hosts against a Texas law that would hold accountable anyone who helps help a woman get an abortion. The company said it would expand coverage to other states that have enacted similar laws and has also made unspecified contributions to reproductive health organizations, including Planned Parenthood.

Airbnb declined to comment further on the Supreme Court’s decision.

A New Mexico-based host who included pro-abortion language on her listing has received an anonymous safety threat to her family. The host later removed the language from the list, but hopes Airbnb is partnering with a reproductive rights organization to offer help. “I hope Airbnb will work with them to make this possible AND safe,” they said.

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