What was touted as model legislation resulting from the cooperative efforts of property owners and the City Council could well end up in a court battle before it becomes law.

The City Council gave first passage to an amended ordinance regulating Airbnbs and the short term rental (30 days or less) of residential properties on Jan. 18 with some council members agreeing with landlords the measure could be improved and that they would meet before the ordinance comes up for second and final passage.

Since then there have been no meetings between the parties despite efforts to reach out to members of the council, said William Gagnier, who owns and operates several Airbnbs in Pawtuxet and has assumed the role as spokesman for the Warwick Landlords Association. The group has closely followed efforts to regulate short term rentals following the introduction of legislation by Ward 5 Councilman Ed Ladouceur.

Following first passage of the ordinance on Jan.18, on his way out of City Hall, Ward 3 Councilman Timothy Howe stopped to talk with Gagnier and several other Airbnb operators. It was suggested they get together and fine tune aspects of the ordinance prior to second passage. They left it that way, however, Gagnier says there hasn’t been any follow-up.

Even if there were, it’s questionable whether another version of the ordinance will come before the council, which would take a council vote.

“I’m comfortable with what it is right now,” City Council President Steve McAllister said Friday. “I think we have a good bill.” He said if even a single word was to change in the amended ordinance, the council would have to start from the beginning by advertising the ordinance and conducting hearings.

“It would go back to first passage.”

What about issues being raised now, will they be considered?

“It would have to be something substantial,” McAllister said.

 When Airbnb regulations first came before the council for a vote, the group turned out in force on ccccc to voice concerns with the Ladouceur bill. In contrast to other hearings involving objections by special interest groups, the council and the landlords took the cooperative route with council members agreeing the ordinance could be improved after two hours of testimony. Action on the ordinance was continued with Ladouceur agreeing it needed revision, especially the provision that short term rentals be owner occupied.

When the matter came up again on Jan. 18, Ladouceur supported an amendment introduced by Ward 8 councilman Anthony Sinapi that did away with the owner occupied provision. Copies of the amended ordinance were handed out to the audience and most of the council that were seeing it for the first time. The landlords questioned the constitutionality of the requirement that they obtain and keep personal information on renters, making it available to police. They also questioned the definition of a bedroom under the ordinance and reasoned that room occupancy restrictions would discourage family rentals and impair business.

At the meeting Ward 3 Councilman Timothy Howe was also prepared to introduce an amendment that was likewise circulated to the audience. It contained revisions the landlords thought were an improvement to the Sinapi amendments. However, revising the Sinapi amendment – in effect amending the amendment – would first require passage of the Sinapi version. On a motion made by Ward 6 Councilwoman Donna Travis the board gave the ordinance first passage. Howe did not seek to amend the ordinance and City Council President moved on to the next item on the agenda.

Following the vote, the landlords gathered in the council foyer.

Some who were prepared to address the Sinapi and Howe amendments were caught by surprise. Debate was shut off when Howe didn’t pursue an amendment to the amended ordinance.

 “They silenced all of us,” said Angela Stamoulos, one of the group.

“[We were] deliberately kept out. We haven’t been given the same amount of time,” said Gagnier referring to council rules enacted earlier this year limiting speakers to 10 minutes.

Gagnier said last week he hasn’t seen a copy of the Sinapi amended ordinance slated to come before the council for second passage on Feb. 27, but based on what was handed out on Jan. 18, he maintains requirements for landlords to provide police with information on clients is unconstitutional under the 4th Amendment and that other aspects of the ordinance, such as monthly inspections, would unfairly place burdens on Airbnb operators not required of hotels.

“This is not a Magna Carta,” he said of the ordinance that was so highly praised by some council members as a model to be followed by other municipalities. He said some aspects of the Howe amendment address concerns but overall neither the Howe nor Sinapi amendments are workable.

Gagnier said, attorney Mitchell Edwards of Hinckley Allen and Snyder, who represented the Rhode Island School of Design in challenging the Barrington ordinance has been retained to represent the landlords should the ordinance as it now stands gains second passage. If given second passage, Gagnier expects the ordinance will be challenged in court.