Music

'Music City' Finally Legalizes Home Studio Businesses

Nashville's Metro Council repeals the city's blanket ban on home businesses servicing customers onsite.

|

Nashville, Tennessee, has repealed its longstanding prohibition on client visits to home businesses, a policy that effectively banned Music City's home studio recording industry. These studio owners, alongside thousands of other home businesses, will now be able to serve their customers onsite without fear of legal sanction at a time when millions of Americans are working remotely.

"I feel like I'm in a mild state of shock," says home studio owner Lij Shaw, who had sued the city to overturn the ban (and who Reason profiled last year). "To wake up the next day on a beautiful Nashville morning and think, 'Holy shit. I don't have to hide anymore. Everything's changed now, and I can do what I want to do.'"

A bill approved by the Nashville Metro Council last Wednesday permits home business owners like Shaw to have up to six customers visit their house each day. That's a marked change from the city's prior regulations, which flatly prohibited client visits to home businesses, save for day cares and Airbnb-style short-term rental operations.

That prohibition had been on the books since the late 1990s, when the city did a comprehensive overhaul of its zoning code. The policy appears to be unique to Nashville. Bizarrely, there is no known record of why it was enacted.

For more than two decades, this ban on client visits existed in tension with the thousands of home studio businesses that help sustain Nashville's music scene.

The city's policy of not proactively enforcing its ban on client visits meant that most of these operations escaped the notice of authorities. Many studio owners didn't even know they were doing anything illegal by recording musicians for pay in their homes.

But when lighting did strike, it could be devastating.

Nashville's Department of Codes and Building Inspection relied on a system of anonymous complaints to enforce its client ban, meaning that someone would have to report a violation before Metro would take action. Once a violation was discovered, however, the city would pursue it zealously.

That's what happened to Shaw.

For years, he ran his Toy Box Studio recording business out of his Nashville home without incident. In 2015, an anonymous complaint about his business prompted a letter from Metro demanding that he stop receiving clients at his home, shut down his promotional YouTube channel, and strip information about his business from his website. Otherwise, he would be fined.

This was unconstitutional, says Keith Diggs, an attorney with the Institute for Justice. "You have a civil right to use your home as you want," he says. "It shouldn't be the government's business to police people coming over for what reason."

Governments, Diggs argues, have the authority to regulate the external effects a business might have on a neighborhood, from noise to pollution to parking problems. But regulating private activity within a home exceeds that authority.

In late 2017, the Institute for Justice and Tennessee's Beacon Center filed a lawsuit against Nashville on behalf of Shaw and Patricia Raynor, whose home salon business had also run afoul of Metro code enforcement. The city's prohibition, they argued, violated the Tennessee constitution's guarantee of a right to earn a living.

In October 2019, the Davidson County Chancery Court upheld Nashville's ban on client visits. When the repeal bill passed last week, Shaw and Raynor were in the process of appealing that decision.

In addition to the lawsuit, multiple legislative attempts have been made to overturn the client ban.

In 2011, a Metro council bill was introduced to allow home businesses to serve up to 10 customers a day onsite. In 2012, another attempt was made to legalize client visits just for home recording studios. Both efforts failed in the face of concerted opposition from neighborhood groups who objected to allowing more commercial activity in residentially zoned neighborhoods.

In January 2020, Councilman Dave Rosenberg introduced yet another bill to allow client visits at home businesses. Shaw and Raynor, with their lawsuit ongoing, jumped on this reform effort as well. Shaw launched a Change.org petition (which received over 160,000 signatures) and organized local supporters to lobby for the bill. He even composed a song praising home businesses, which he performed at a March Metro council meeting.

The COVID-19 pandemic likely helped get Rosenberg's legislation over the finish line, says Braden Boucek, an attorney with the Beacon Center.

"It's really tough to justify voting against working at home, when the city is trying to keep people working at home, and the council is voting from home," said Boucek, noting the irony of Metro councilmembers arguing over Zoom against legalizing more home business activities.

The reforms passed last week are a step in the right direction, he says, while noting that "it's not a clean repeal bill, and there's still a lot of regulation in it."

Only six customers can visit a home business per day, with a maximum of three visiting per hour. In addition, home business owners are required to maintain a log of customer appointments that they must make available to Metro's Code department. The bill also sunsets in 2023.

Diggs tells Reason that the temporary nature of the bill means that their lawsuit against Nashville will continue.

"Our clients have a right to invite people into their homes for a harmless business," he says. "If the Metro ordinance protects them, that's great. But it shouldn't be temporary. It should be permanent."

Advertisement

NEXT: All Enforcers Are Cops

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. Now, real country artists can record real country music again, only to be told by some executive that it’s nice, but it won’t play in Boston.

    1. What’re you talking about, there are tons of millennials in pork pie hats making ironic country music with Ukuleles.

      1. That’s NPR country.

        1. I basically earn Easily at home 10,000$ par month .just do work few hours . last 3 year i was free but now i am happy with this website so i advise you…………. Home Profit System

    2. yeah, the funniest part of the PBS Country Music documentary was when Nashville executives scrambled to put together an album of Waylon and Willie songs they already owned and had never released because they didn’t fit the Nashville “countrypolitan” sound, when they suddenly realized real country music was popular.

    3. Since I started with my online business I earn $90 every 15 minutes. It sounds unbelievable but you wont forgive yourself if you don’t check it out. Click Here For Detail.

  2. “which flatly prohibited client visits to home businesses, save for day cares and Airbnb-style short-term rental operations.”

    So he could have been including a free recording session with paid day care all along?

    “Bizarrely, there is no known record of why it was enacted.”
    Really? You going to try to sell that?
    Everyone working for record companies knows exactly why.

    1. Yeah, that’s funny. All you had to do was listen to who opposed it and you’ll remember why it was enacted.

      Although, to be fair, a little googling suggests that it was neighborhood groups wanting it upheld to keep ‘businesses’ from operating in residential zones.

      Council member Jeff Syracuse, who backs the bill, told WMOT that this is the fifth attempt in ten years to break the impasse. Opposition, he says, comes chiefly from an organization called the Nashville Neighborhood Alliance, which demands a bright line between residential and commercial zones.

      […]

      A letter submitted to the the sponsor of BL2019-48 by the Coalition For Nashville Neighborhoods notes that it’s been opposing client-driven home business for up to thirty years. “Arguments then, as now, against home businesses are that most homeowners select residential areas for peace and quiet, and do not want commercial businesses near their homes,” they wrote.

      Although, just because you call yourself The Center for Good Things that People Want, doesn’t mean you’re representing good things that people want.

      1. “Nashville Neighborhood Alliance, which demands a bright line between residential and commercial zones.”

        Well, the Communist Chinese Virus sank THAT ship, didn’t it?
        Just working from home here, officer, trying to keep grandma alive, you know. If you got internet service, you are commercial now.

    2. In fairness to the author, kjnowing why is different from there being a record of why. It just means the people who lobbied for it were smart enough to not create a paper trail.

  3. In addition, home business owners are required to maintain a log of customer appointments that they must make available to Metro’s Code department.

    That needs to be scrapped. Can you imaging the outcry if the city said that every business had to keep a log of who comes in their doors and make it available to the government?

    1. Yep. Who knew there were so many John or Jane Smiths in the world?

    2. Already proposed and likely to be used for “contact tracing”.
      The outcry is not against, but “why aren’t we doing this already?”
      and “For the children”.

      1. like reservations are required to eat at restaurants in Minnesota now, as part of their phased reopening plan…

  4. haha your law was stupid and nature ate it.

  5. Both efforts failed in the face of concerted opposition from neighborhood groups NIMBYs, Karens, and busybodies who objected to allowing more commercial activity in residentially zoned neighborhoods.

    FTFY.

  6. Legalize Home Studio Businesses?
    What next?
    No more permits or occupational licenses?
    America’s going down the wrong path.

  7. Cool. I’ll bring my didgeridoo to your apartment this weekend. We can jam.

  8. ( STAY HOME AND WORK AT HOME ) NOW YOU CAN START YOUR WORK FROM HOME EASILY. BY JUST FOLLOW THESE STEPS…..Click For Full Detail.

  9. I earned $5000 ultimate month by using operating online only for 5 to 8 hours on my computer and this was so smooth that i personally couldn’t accept as true with before working on this website. if you too need to earn this sort of huge cash then come and be part of us. do this internet-website online.********************ReadMore.

    1. Wenn Sie Spaß daran haben möchten, mit einheimischen Mädchen von sie sucht ihn sex nrw zu chatten, besuchen Sie einfach diese Seite und besuchen Sie sie kostenlos

  10. Google easily work and google pays me every hour and every week just $5K to $8K for doing online work from home. I am a universty student and I work n my part time just 2 to 3 hours a day easily from home. Now every one can earn extra cash for doing online home system and make a good life by just open this website and follow instructions on this page………Click For Full Details.

  11. My choice of course is rap. This musical genre is closer to me in spirit than all the others. I am sure that there is no person who does not know and have not heard about this style, but not everyone understands technology and believes that rap and hip-hop are one and the same, but this is far from the case. I found an interesting article at https://www.iamhiphopmagazine.com/differences-between-rap-and-hip-hop/ to help you figure it out to understand the difference. In addition, there is a little history described, namely, how and when this culture was born. Broaden your horizons and get carried away with new hobbies, and it’s always fun and exciting.

Please to post comments