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illegal discrimination against protected classes, they are enforceable even though the result may
be that some people will be treated differently than others.
■In cases where a plaintiff sues a business and seeks service after the commencing lawsuit, the facility
is not obligated to accommodate the would-be patron. Retaliators are not a protected class.
■Patrons who enter the premises despite a warning not to may be guilty of criminal trespass. Even
if the patrons enter the premises lawfully, they may be guilty of trespass if they fail to obey a lawful
order to leave made by the owner or the owner’s designee. To commit this crime, patrons must
first be informed they are on the premises against the owner’s will.
H. Answers to Case Example Questions
3-1-1. What facts did the court consider to be most important in reaching its determination
that the plaintiff was not discriminated against based upon his race?
However unpleasant the plaintiff’s interactions with hotel staff on the night of his lockout might
3-1-2. Do you agree with the decision? Why or why not?
3-2-1. What can the Erlenbusches do legally to address the friction between the Anglo and
Chicano patrons?
The Erlenbusches can eliminate Rule 11, train employees to be more sensitive to foreign
The establishment could adopt house rules barring any type of discriminating conduct
3-3-1. Summarize the two separate grounds the court used to determine that Lake Nixon was
a place of public accommodation and thus covered by the Act.
The two bases for the court’s decision that Lake Nixon was engaged in interstate commerce
were the following: (1) The amusement park provided services to many customers from out
3-3-2. Can you think of any business within the hospitality/entertainment industry that is not
covered by the Civil Rights Act?
Virtually every hotel and restaurant would be covered by the Act. Hotels cater exclusively to
travelers. Restaurants vie for travelers’ business. A hotel or restaurant that did not solicit and
3-4-1. What would the club need to do differently to qualify as a private club?
To qualify as a private club, it would need to limit the number of members it accepts, adopt
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3-5-1. What specific facts led the court to hold that the country club was private?
The Club was nonprofit. The Club had an objective and truly selective criteria and meas-
ured each potential member against those criteria. The membership owns the property,
3-8-1. Why is “quality of access” a concern of the Disabilities Act?
The Disabilities Act’s definition of “places of public accommodation” is significantly broader
than the Civil Rights Act of 1964. In addition to the hotels, restaurants, places of entertain-
The statute defines “discrimination” as including a failure to make reasonable modifica-
3-9-1. On what basis did the court find that the restaurant was not liable for discrimination?
The court found that the defendant(s) did not illegally discriminate against the plaintiff. The
22 ■Chapter 3
Key Terms
Americans with Disabilities Act The 1991 federal
Civil rights Personal rights that derive primarily from
Civil Rights Act of 1964 A historic Act passed by
Congress. As originally passed, the act outlawed dis-
Discrimination The act of treating some people
Interstate commerce Business affecting more than
Readily achievable Easily accomplishable without
Transient A person who seeks a room at an inn on
I. Answers to End-of-Chapter Questions
❊Review Questions
1. According to the common law, to whom can a hotel refuse to provide accommodations?
According to common law, a hotel with a vacancy cannot refuse accommodations to a guest
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Civil Rights and Hospitality Businesses ■23
2. Why did Congress pass the Civil Rights Act of 1964?
Until the 1960s, this common-law rule was largely ignored. The Act was adopted to combat
3. Who is protected by the Civil Rights Act of 1964?
4. What facilities are covered by the Act?
The Act applies to the following: lodging (places that rent rooms or beds daily or weekly),
dining facilities (restaurants, cafeterias, lunchrooms, lunch counters, soda fountains, or other
5. What is interstate commerce and why is it relevant to the Act?
Interstate commerce refers to business done between people or companies from two or more
6. What remedies are available to a plaintiff suing for a violation of the Act?
A plaintiff suing for discrimination in a place of public accommodation may be entitled
7. Name three types of businesses not covered by the Act.
The act does not apply to the following businesses: those engaged exclusively in intrastate
8. Identify three differences between the Act and state civil rights laws.
The Act applies only to interstate commerce; the state laws apply to intrastate commerce.
Whereas the Act applies to lodging and dining facilities, gas stations, and places of entertain-
ment, most state laws encompass a broader range of establishments, including bars, stores, clin-
9. In addition to prohibiting the denial of a hotel room or restaurant services to certain
persons, what conduct is outlawed by state civil rights laws?
10. Identify three tests used by the courts to determine whether or not a club is private.
The following tests are used by courts to determine whether or not a club is private:
•Selectivity in member choice.
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11. What is a restaurant required to do under the Americans with Disabilities Act to remove
barriers to accessibility?
All places of public accommodation must modify policies and practices that have the effect of
discriminating against people with disabilities unless the modification would fundamentally
alter the nature of the goods and services provided. Examples of modifications a restaurant
may be required to make include: accepting as a proof of age for serving alcohol some form
12. Can a restaurant legally require that all wheelchair-bound customers eat in the same area
of the restaurant?
❊Discussion Questions
1. Some localities have laws that require restaurants to seat smokers in an area separate
from nonsmokers. Does this constitute illegal discrimination? Why or why not?
No. Allocating smokers to a separate section of a restaurant does not constitute illegal
2. Why do you think Congress did not include gender as a protected class in the Act?
At the time the act was passed, the discrimination engaged in by covered establishments
3. Why is a successful plaintiff in most lawsuits unable to collect attorney’s fees from the
defendant, while a successful plaintiff suing under the Act can?
With a few exceptions, the rule of law governing attorney’s fees is that each party is responsi-
ble for his or her own fees. In the expected circumstances, legislators have recognized the im-
4. Why do you think the Act outlaws even single acts of discrimination rather than re-
quiring a pattern of discriminatory conduct?
Legislators viewed even single acts of discrimination as intolerable. Regardless of race, color,
To achieve the goal of ending discrimination, courts construed the Act broadly to include
24 ■Chapter 3
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5. A train station has a snack bar located in it. What additional information would you
need to know to determine if the train station is covered by the Act? Why would you
need that additional information?
The Act applies only to businesses engaged in interstate commerce. The requisite interstate
commerce exists for a dining facility such as a snack bar if the establishment serves interstate
travelers or if a substantial portion of its food is imported from another state. To determine if
6. Why do you think Congress omitted many bed-and-breakfast operations from the Act
(the “Mrs. Murphy’s Boarding House” clause)?
Frequently, with lodging facilities of five or fewer rooms, the proprietor lives in the building.
7. If you were devising an expansion of the civil rights laws, would you include any
additional protected classes? Who and why?
The students may be creative here. The primary discussion will likely focus on whether sex-
8. What distinguishes the establishments covered by the Americans with Disabilities Act
from those covered by the Civil Rights Act of 1964?
The latter applies only to lodging and dining facilities, gas stations, and places of entertain-
❊Application Questions
1. Devise an operating plan for a private club that would pass muster if its status as pri-
vate was challenged.
The club should have very selective and specific standards for membership, its solicitations for
new members should be addressed to a limited number of potential newcomers, and the club
2. A community college, primarily serving residents of the local county, has a candy shop
on campus. Of 20 varieties of candies it sells, only one ingredient of one variety was pur-
chased from out of state. Is the college governed by the Act? Why or why not?
No, a college is not a covered establishment unless the unitary rule applies. If the candy shop
is covered, then, according to the rule, the entire facility is bound. The candy shop would be
3. Identify whether the following is illegal discrimination and explain your reasoning:
A. A restaurant refuses to serve anyone who is Swiss.
B. A restaurant refuses to serve someone who arrives for dinner two minutes before the kitchen closes.
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C. A restaurant refuses to serve a person in a wheelchair with a service dog because the restau-
rant does not allow pets in the dining area.
Yes, laws in most states prohibit a restaurant from excluding a service dog. Under the
D. A hotel refuses to provide a room to a couple because they are not married.
26 ■Chapter 3
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