The Institute for Justice has launched a lawsuit against the city of Lakeway, Texas, over its heavy restrictions on home-based businesses. The business at the center of the controversy is a daycare center, but it got me wondering how freelance writers are affected. The city had nineteen criteria to be met, recently reduced to ten. I can’t find a full list, but the hints I’ve seen suggest that writers are OK in principle. Freelance writers don’t normally have customers come to their homes, make lots of noise, or emit clouds of toxic fumes.

If I’m reading the available information correctly, though, the city still makes it tough. All businesses must complete a license application to operate. Home businesses need to submit a special use permit application. This needs to include a floor plan of the home, indicating the part to be used for business. The application includes blanket authorization for city officials to visit and inspect the home. If that’s actually required, it’s a great way for politicians to launch a harassment campaign.

Reading a website isn’t a reliable way to determine the law, so I can’t say whether writers are really required to do this, under the letter of the law or in practice. (And as the IJ suit showed, “in practice” can change abruptly if the mayor doesn’t like you.) The situation just raises interesting questions. People running home businesses, including writers, can run into legal surprises when they face a hostile or money-hungry local government.