Tag Archives: Law Enforcement

by | July 10, 2015 · 10:09 am

Hospitality Industry Legal Update: “Patel v L.A. and What it Means for Hotel Operators”

“It was being used to circumvent case law and proper court procedure to obtain privacy information,1436387202_JULY ALB Patel v LA sidebar pic” Seiders said. “The police were using these local laws to avoid having to go through judicial review. I think that’s where it became abusive.

More than a decade ago, a group of hotel owners sued Los Angeles. Now their actions have caused reverberations in hotels throughout the country.

The U.S. Supreme Court ruled June 22 in City of Los Angeles v. Patel that the police practice of asking for a hotel’s guest registry without a warrant is unconstitutional.

“It’s certainly providing privacy protection and extending it to companies, both to the company owner and the guests that are there. It’s certainly a win for the hotels,” Attorney Dana Kravetz said.

“This is going to have widespread impact – and already has had widespread impact – on a host of cities and really the industry at large. It’s a powerful decision. It really sets it out pretty clearly as to what the police can or cannot do.”

This ruling goes beyond Los Angeles as so many other U.S. cities have similar ordinances, said Kravetz, managing partner of Michelman & Robinson and chair of the law firm’s hospitality group.

“It’s really a great day for the hotel industry,” said Frank Weiser, the attorney for the group of hotel owners (Patel). “It’s a great day for businesses throughout America.”

For more: http://bit.ly/1L35AJP

Comments Off on Hospitality Industry Legal Update: “Patel v L.A. and What it Means for Hotel Operators”

Filed under Crime, Guest Issues, Hotel Employees, Hotel Industry, Management And Ownership

Tagged as , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

by | October 20, 2014 · 11:16 am

Hospitality Industry Legal Update: “Justices Will Decide Privacy Case on Hotel Records” (VIDEO)

“Los Angeles has said the ordinance makes prostitutes and drug dealers less likely to use hotels if they know that the facilities must collect information about guests and make them available to police on a moment’s noticegavel (1)…In dissent, Judge Richard Clifton said that courts previously have ruled that hotel guests have no expectation of privacy in records of their names and room numbers. “A guest’s information is even less personal to the hotel than it is to the guest,” Clifton said.”

The Supreme Court agreed Monday to referee a dispute over police access to hotels’ guest information without first getting a search warrant.

The justices said they will hear an appeal by the city of Los Angeles of a lower court ruling that struck down an ordinance that requires hotel operators to open their guest registries at the demand of police.

The federal appeals court in San Francisco divided 7-4 in ruling that the ordinance violates the privacy rights of the hotels, but not their guests.

For more: http://bit.ly/1zi8CGd

And for more information on how to best handle police requests for information, check out Petra’s own Director of Risk Management, Todd Seiders, in this P3 Risk Management Update “How to Handle Police and Law Enforcement Request for Hotel Guest Information”.

[vimeo https://vimeo.com/109469870 w=500&h=281]

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

Comments Off on Hospitality Industry Legal Update: “Justices Will Decide Privacy Case on Hotel Records” (VIDEO)

Filed under Employee Practices, Guest Issues, Hotel Industry, Liability, Management And Ownership, Training

Tagged as , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

by | October 9, 2014 · 9:04 am

Hospitality Industry Legal Update: “W Hotel Chain Friendly to Prostitutes, New Jersey Couple’s Legal Filing Claims”

Anna Burgese says she was attacked early last year in the lobby of a South Beach W Hotel by drunken hookers80629236 who mistakenly believed she was competition. She and her husband say they hired undercover agents to visit W Hotels all over the country, according to Philadelphia Daily News, and found prostitution runs rampant.

The W Hotel chain openly allows prostitution in their facilities, a New Jersey couple claims in a recent legal filing obtained by the Philadelphia Daily News.

Anna Burgese of Medford, N.J., says she was attacked early last year in the lobby of a South Beach W Hotel by drunken hookers who mistakenly believed she was competition. The attack was captured on surveillance video.

As a result, Anna Burgese and husband Joseph say they hired undercover agents to visit W Hotels all over the country, according to the newspaper.

The legal filing claims that they found that prostitution runs rampant in the hotels and even found that a sex worker at one W Hotel “used the concierge desk to charge her cellphones and store her purse.”

For more: http://nydn.us/1w27joR

Comments Off on Hospitality Industry Legal Update: “W Hotel Chain Friendly to Prostitutes, New Jersey Couple’s Legal Filing Claims”

Filed under Crime, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management

Tagged as , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

by | September 30, 2014 · 9:23 am

Hospitality Industry Legal Update: “Guest Room Privacy and the Fourth Amendment”

In order to create and follow an eviction policy that promotes compliance with the Fourth Amendment, a hotel should identify behaviors that justify eviction.  This requires consultation of the law, including any statutes that govern hotel policies.cop car  The hotel should then train its staff to recognize and respond to behavior that triggers eviction.  A hotel should also provide guests with its eviction policy or communicate in some way the types of behavior that could trigger an eviction.  Finally, in the event of an eviction, the hotel must take steps to communicate to the guest that he or she is being evicted.

Hotels are faced with a delicate balancing act when it comes to maintaining guest privacy.  Hotel staff must comply with police investigations when noncompliance would constitute obstruction of justice.  At the same time, hotel employees must recognize their guests’ Fourth Amendment right to be protected from unreasonable searches and seizures.  If hotel employees comply with an unreasonable search or seizure that results in harm to the guest, the hotel could find itself exposed to civil liability.

Courts have recognized that the Fourth Amendment protection from unreasonable searches and seizures applies to searches and seizures in hotel and motel rooms.  Certain exceptions allow for warrantless searches and seizures, including consent.  In broad terms, the consent exception means that a party’s agreement, actual or implied to a search and/or seizure renders a warrant unnecessary.

For more: http://bit.ly/1pompRR

Comments Off on Hospitality Industry Legal Update: “Guest Room Privacy and the Fourth Amendment”

Filed under Employee Practices, Guest Issues, Hotel Industry, Management And Ownership, Privacy, Risk Management

Tagged as , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,