lecture%2010.1%20innkeepers%20rights.%20HFT3600 - Lecture...

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Lecture 10.1 - Innkeepers = Rights Right to exclude non-guests Trespass - entering or remaining on private property without consent of property owner. Persons entering a hotel, motel or restaurant have an implied right (or license) to enter Consent to enter or remain may be revoked by premises owner Restaurant operator can request patron to leave after meal is complete. Hotel operator can request non-guest to leave if not doing business there. Force to evict a non-guest must be reasonable and after refusal of request to leave. Best practice is to summon police assistance. People v. Thorpe , (NY 1950) 2 representatives of Jehovah = s Witnesses entered Endicott Hotel and began going door- to-door on different floors evangelizing to room occupants. Hotel manager was notified of their presence and found each of them separately, requesting each to leave the hotel. They refused to leave hotel, insisting it was their constitutional right to practice their religion by preaching from door to door. Manager summoned police, who assisted in convincing Witnesses to leave the hotel premises. When the Witnesses later returned to the hotel they were arrested for trespass. Court said hotel has right to exclude all uninvited visitors from its private hotel corridors and from gaining access to private accommodations of hotel guests, regardless of whether one is engaged in a lawful mission, whether commercial, political or religious. Guilty. How does hotel justify exclusion of religious evangelists when it is prohibited by Civil Rights Act from discrimination against guests on basis of religion? Refusal of lodging. Common law is that innkeepers must provide accommodations to anyone seeking lodging. Look to state rights to refuse accommodations to any person? Generally, hotel can refuse service to anyone except for impermissible reasons (civil rights, ADA). Refusal to minors, rock stars and lawyers in acceptable. Typical reasons to justify refusal of service: Inability to pay. Hotel staff may reasonably require some showing of ability to pay, such a credit card imprint or cash deposit. It is legal to require prepayment for a hotel room so long as that policy is applied uniformly and not discriminately against persons of protected classes. Be careful of discrimination issues if some persons are required to demonstrate ability to pay while others are not. Patron appears to be under the influence of drugs or alcohol. Hotel would be putting itself at risk by allowing person under the influence to use its facilities for his/ her own harm and might be jeopardizing safety of other -1-
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guests. Patron is too young. Hotel may establish rules as to minimum age of person responsible for hotel registration. This may not be used as means of discrimination against protected classes, if some persons are allowed exceptions from this rule. Patron presents a threat to employees or other guests.
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lecture%2010.1%20innkeepers%20rights.%20HFT3600 - Lecture...

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