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RIGHT OF PRIVACYHotel keepers mustrespect their guests’ rightof privacy. For what tort arehotels liable for breach ofthis duty?Duty to Accept All Guests Assuming that rooms are available, a hotelkeeper must accept all people who are not dangerous to the health, welfare,or safety of others and who are able to pay for their lodging. The CivilRights Act of 1964 makes it a crime for hotel keepers to refuse a room toanyone on the grounds of race, creed, color, sex, or national origin.The requirement to provide lodging for those willing to pay has beenthe rule for hundreds of years. It dates back to a time in history whentravel was not safe. Robbers and highwaymen abounded, and it was notsafe to stay on the road overnight. Hotels, or inns, were places of refuge;to refuse guests lodging was to leave them at the mercy of those whowould rob them. Travel is comparatively safe today, but the genuineneed for convenient overnight accommodations remains.Example 11. Bob Freytag sought lodging at the Mainliner Motelbut was refused. The clerk could give no reason for his refusalother than her personal dislike for Freytag’s political affiliation.Freytag was a member of a minority political group that washolding a convention in the town at the time. Freytag could holdthe motel liable for any damages that had resulted from themotel’s failure to accept him as a guest.374 Unit 3: Understanding Consumer Law

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