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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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How feasible is it to sue a hotel despite its Right to

Customer Question

How feasible is it to sue a hotel for discrimination despite its Right to Refuse Service to Anyone policy? Is it similar to suing a landlord? Are tenants rights applicable such as in eviction cases or small claims when the tenant is the plaintiff? What are the differences between these two scenarios, suing a hotel and suing a landlord.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

It is frankly easier to sue a hotel for discrimination because a hotel is generally covered under the Civil Rights Act of 1964...since a hotel is seen as an 'interstate' commercial activity, the law expressly barred discrimination for anyone traveling across state lines (which was the logic on how the diners and the hotels were desegregated in the past). Just because a hotel has a 'right to refuse service' does not mean this right extends to factors that are barred under law, such as race, gender, national origin, and so forth--a hotel may refuse you service if you aren't wearing a shirt, or your hair is green (as an absurd example), but cannot discriminate if you are an Asian Baptist.

Tenant's rights and hotel rights are different, but civil discrimination laws can be used in both instances. The biggest difference is a hotel has greater flexibility in denying service, and since a person is never a tenant, they can be removed as trespassers...while a landlord has to file for an eviction rather than claim trespass as a means of removing someone from the property.

Sincerely,

Dimitry, Esq.

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