Risman Discusses What Hoteliers Need to Understand about Their Legal Obligations
01 January 2019
Hotel Management
Partner Cliff Risman, co-chair of Foley Gardere’s Hospitality & Leisure Team, was quoted in the Hotel Management article, “What Hotels Need to Know about Their Legal Obligations.”
Risman said that knowing local laws can help hoteliers prevent unpleasant situations even before a guest checks in. While hotels are public accommodations and required to accept any guest if rooms are available, Risman said that there are important exceptions. “However, there are what you would expect in terms of exceptions to that obligation,” he said, noting that hotels generally can refuse service to guests who are drunk and disorderly, have a contagious disease or are trying to bring animals into properties that do not accept pets.
Being knowledgeable can also help hotel staff deal more appropriately with uncomfortable situations, stave off negative publicity and even lawsuits. Avoiding legal disputes often comes down to several basic questions hotel employees should ask themselves, said Risman: “Did you warn [the offending party]? Did you try and resolve it? Did you act reasonably? Did you act with care?” When in doubt, he added, the team member should check in with management or counsel. “The instruction to staff should always be to use common sense, be reasonable and consult with counsel if needed (if it’s during the appropriate hours),” he said.
Perhaps most importantly, Risman said, a hotel’s rules and regulations should be reasonable and applied both fairly and uniformly to all guests.
Risman said that knowing local laws can help hoteliers prevent unpleasant situations even before a guest checks in. While hotels are public accommodations and required to accept any guest if rooms are available, Risman said that there are important exceptions. “However, there are what you would expect in terms of exceptions to that obligation,” he said, noting that hotels generally can refuse service to guests who are drunk and disorderly, have a contagious disease or are trying to bring animals into properties that do not accept pets.
Being knowledgeable can also help hotel staff deal more appropriately with uncomfortable situations, stave off negative publicity and even lawsuits. Avoiding legal disputes often comes down to several basic questions hotel employees should ask themselves, said Risman: “Did you warn [the offending party]? Did you try and resolve it? Did you act reasonably? Did you act with care?” When in doubt, he added, the team member should check in with management or counsel. “The instruction to staff should always be to use common sense, be reasonable and consult with counsel if needed (if it’s during the appropriate hours),” he said.
Perhaps most importantly, Risman said, a hotel’s rules and regulations should be reasonable and applied both fairly and uniformly to all guests.
People
Related News
06 February 2025
In the News
Vanessa Miller Assesses Panama Canal Discourse
Foley & Lardner LLP partner Vanessa Miller commented in SupplyChainBrain article, "The Fight for Control of the Panama Canal," lending important context to the recent headlines over the important waterway.
06 February 2025
In the News
Gregory Husisian Weighs in on Suspension of De Minimis Trade Exemption
Foley & Lardner LLP partner Gregory Husisian offered context on President Trump's recent trade actions on China in The Wall Street Journal article, "Why Trump Is Closing a Trade Exemption for China."
04 February 2025
In the News
Andrew Wronski on Tariff Fluidity – 'Keep on top of the issues'
Foley & Lardner LLP partner Andrew Wronski assessed the evolving shift in U.S. trade policy in the Milwaukee Business Journal article, "Trump tariffs won't disappear — so how should Wisconsin businesses prepare?"