hotels

From The “Law vs. Ethics” Files: A Westin Hotel Comes To The Nuisance

/ Jack Marshall / 24 Comments
nookwestin

The photo says it all.

In Austin Texas, Westin  opened a large hotel next to the Nook Amphitheater, which is famous venue for live music in a city with a strong music culture  Westin is now suing the Nook because its music is disturbing the guests. The complaint states that the Nook plays “chest thumping bass” seven nights a week until 2 a.m. making some rooms uninhabitable.and thus harming the hotel’s business.

Law professor and invaluable ethics story source Jonathan Turley notes that the case recalls the now defunct “coming to the nuisance” doctrine.  The defendant in such a case once could move to dismiss a nuisance claim on grounds that the plaintiff moved next door only to challenge the activities, business and even the existence of it neighbor in court.  Turley writes,

The doctrine originated in early common law with cases like Rex v. Cross, 172 Eng. Rep. 219 (1826).  The Court held:

“if a certain noxious trade is already established in a place remote from habitations and public roads, and persons afterwards come and build houses within the reach of its noxious effects; or if a public road be made so near to it that the carrying on of the trade becomes a nuisance to the persons using the road; in those cases the party would be entitled to continue his trade, because his trade was legal before the erection of the houses in the one case, and the making of the road in the other.”

American courts found the doctrine to hinder growth and work against the common good, particularly as populations in cities expanded into rural areas.  

But, Turley explains, even in the absence of the “coming to the nuisance” defense, defendants have had some support from the courts: Continue reading →

Ethics Quiz: Is Nice Necessarily Ethical?

/ Jack Marshall / 26 Comments

checkin

If it seems like I always have ethics dilemmas to deal with on the road, your impression is correct. I’m at a hotel in Boston, and I have another one.

I arrived at the hotel after a late flight tired, with a headache. The door was locked, which is sometimes the case after 10 or so at small hotels; it was 11:30 PM. So I rang the bell. Nobody. I rang it again. And again. I knocked. Then I rang again. Finally, I went into the pub next door, which was also closed, but the door was ajar. “Does anyone know how I’m supposed to get checked into the hotel?” I asked>

Someone did know: the hotel night clerk, who had gone next door to watch TV.

Your Ethics Alarms Ethics Quiz of the Day:

Should I complain to the hotel management about this?

Continue reading →

The Complimentary Room Service Tip Dilemma

/ Jack Marshall / 41 Comments

I don’t know why these ethics conundrums always attack when I’m on the road, but they do.

Today I am briefly in Atlantic City on business, and last night, just prior to a terrible night’s sleep, I put out one of those door-hangers with a breakfast order on it, to be delivered at 7:30 AM. The room’s pen didn’t work until I wrote over my room number a few times: I thought the 7 in “702” looked a little funky, but it was definitely a seven. Or so I thought: 7:30, then 7:45 rolled around the next morning, and no breakfast.  When I called Room Service, they explained that they thought I had written 4o2, hence no room service.

What? First of all, it didn’t look like a 4. Second, my name was still on the thing: if there was any question about the room, why wouldn’t they check using my name?

After giving Room Service some well-deserved grief, I was told that my order would be up “in a minute.” A minute turned out to be 20 minutes, but a nice young woman eventually arrived with my coffee and pancakes, and told me that management was paying for breakfast.

Hmmm…did this mean she lost her tip? It seemed churlish to ask her, so I said, “Well, they won’t be paying your tip (though for all I know they would), so here…” and I dug into my wallet for a few dollars. But I didn’t have a few dollars. I had a one, a ten, and a bunch of twenties. Giving her a one would look cheap (though it well might have been a tip on top of the one she would get from my order anyway), and a ten was excessive. I gave her the ten.

Now I’m wondering: can I get reimbursed for that? My client is paying for the room, and the comped breakfast actually was a gift to him, not me. The ten dollar tip, though, was entirely discretionary on my part, and I usually don’t ask for travel reimbursements for expenses like that.  So the comped breakfast is going to benefit my server, unjustly enrich my client, and cost me an extra ten bucks.

It doesn’t seem fair, somehow. Well, my server’s smile when I gave her the ten dollar bill was almost worth it.

Almost.

 

The “Now I’ll Make You Feel Bad For Insisting On Getting What You Paid For” Ploy

/ Jack Marshall / 10 Comments
My hotel room TV, post Fred.

My hotel room TV, post Fred.

I’m in the midst of a legal ethics tour of Virginia, moving from one hotel to another. Last night I arrived at a Richmond Hilton at 11 pm, after fighting the usual traffic jams from late night construction on Rt.95 in my two hour car trip to get there. Oh, I had all the usual fun: the room that I had been told was pre-paid by my hosts wasn’t; later, the Wi-Fi in the room didn’t work. First, however, I immediately noticed that room 527 featured a TV that was hanging limply from its pedestal, forward and to the left. I guess I could have watched it sort of comfortably if I sat cross-legged on the floor with my head tilted to one side like President Buchanan.

I decided to call the desk instead.

The chirpy clerk answered my call brightly. “Yes, Mr. Marshall, what can I do for you?” she said.

“Well, my TV is broken. The screen is crooked, and it’s tipping off its pedestal.” Continue reading →

Ethics Dunce: The Union Street Guest House Hotel In Hudson, New York

/ Jack Marshall / 7 Comments

union-street-gh

Until it was brought to the attention of the news media and removed, the Union Street Guest House in Hudson, New York posted the following policy:

Please know that despite the fact that wedding couples love Hudson and our Inn, your friends and families may not. This is due to the fact that your guests may not understand what we offer – therefore we expect you to explain that to them. USGH & Hudson are historic. The buildings here are old (but restored). Our bathrooms and kitchens are designed to look old in an artistic “vintage” way. Our furniture is mostly hip, period furniture that you would see in many design magazines. (although comfortable and functional – obviously all beds are brand new) If your guests are looking for a Marriott type hotel they may not like it here.

Therefore: If you have booked the Inn for a wedding or other type of event anywhere in the region and given us a deposit of any kind for guests to stay at USGH there will be a $500 fine that will be deducted from your deposit for every negative review of USGH placed on any internet site by anyone in your party and/or attending your wedding or event. If you stay here to attend a wedding anywhere in the area and leave us a negative review on any internet site you agree to a $500. fine for each negative review. (Please NOTE we will not charge this fee &/or will refund this fee once the review is taken down). Also, please note that we only request this of wedding parties and for the reasons explained above.

The policy may be legal. It is certainly unethical, intimidating guests from posting their honest opinions of the service and accommodations at the establishment by threatening them with a hefty fine.I supposed this is marginally better than announcing that in the event that one posts a negative review  online, Mario the Crusher will visit your mother and knock her teeth in, but the effect is the same. To rent facilities at this charming hotel, you had to surrender a portion of your honesty, candor, and freedom to communicate.

The hotel’s owners qualify as double dunces: after the provision was roundly mocked in the media, they explained that it was all a joke.  “‘The policy regarding wedding fines was put on our site as a tongue-in-cheek response to a wedding many years ago, the proprietors told  CNBC . “It was meant to be taken down long ago and certainly was never enforced.”  Uh-huh. A joke. Boy, my sides were splitting when I read that policy—the witty verbiage, the playful banter, the wry tone and satiric touches! These guys should write for…the News Nerd.

Adding to the manifest dishonesty of the hotel’s denial—“many years ago?” Internet reviews of hotels weren’t common “many years ago”— are reports that the hotel indeed tried to enforce the ugly policy on some guests before it was revealed to the world.

Blogger and law professor Eugene Volokh ended his post about this Hotel Hell by noting that perhaps it was all a joke after all. Maybe he was moved to give it the benefit of a very dubious doubt indeed because he couldn’t imagine, if the policy were real, why any rational person would voluntarily use the facilities of a hospitality enterprise that begins  business relationships with threats and bullying tactics.

I wonder about that myself.

_______________________________

Pointer and Source: Volokh

Anatomy of An Unethical Report on the Cost of S.B. 1070

/ Jack Marshall / 3 Comments

The Center for American Progress is out with the results of a study that purports to show the adverse economic effects that Arizona’s economy suffered as the result of conference cancellations and economic boycotts in the wake of the state’s controversial S.B. 1070, which gave police the authority to check on citizen status under some circumstances.

The study itself is fine; it is by a reputable research group, and anything can be studied. The Center’s use of it is manipulative, deceptive and hypocritical, however. Continue reading →