Essay Title: 

Discuss the legal and ethical considerations raised by this situation and make a recommendation to the Board as to what actions DWI should take

March 29, 2016 | Author: | Posted in american history, history

Heart of Atlanta Hotel v . U .S . and Katzenbach v . McClung which upheld the Civil Rights Act of 1964 , as being a constitutional exercise of Congressional power under the Commerce Clause of the U .S . Constitution requires hotels and motels to serve transients without regard to their race or color (Katzenbach v . McClung , CLARK , J , Opinion of the Court Opinion (No . 543 ) 233 F .Supp . 815 , reversed

1 , and so protects Arab-Americans right to visit and stay at any hotel of their choice . DWI would be breaking the law by disallowing those [banner_entry_middle]

individuals access to their hotel , and so would be subject to lawsuit if they restricted patrons on the basis of race or nationality . On the other hand , patrons and DWI have an implied agreement that the hotel (a public place of business ) would provide reasonable safety on their premises ‘ [2] , and so DWI is legally obligated to provide reasonable security particularly if it is reasonable to anticipate problems , which they have done . Thus their actions to this point have been reasonable at within the law However since the danger has escalated from threats to actual snipers the matter has now become a criminal matter , since it is illegal to use a firearm with the intent to impart bodily harm on any person . In accordance to the implied contract of reasonable safety to be provided by the hotel , DWI is obligated to contact law enforcement . The question is should this be local police or FBI . If the casino is a riverboat casino , it may technically be at the boundaries between states and so becomes an interstate or federal matter , and the FBI must be summoned Although the motivation of the snipers is clearly race driven and against the Court Rulings above , and whoever the perpetrators are they are attempting to infringe the civil rights of the patron , they may not represent a group prosecutable as civil right offenders . Regardless , DWI is obligated to contact local police and have them increase external security to capture the snipers [3 , 4] . While DWI is working with authorities they must deal with the problem of scared absent employees Though not obligated to keep them , ethically they ought to hold their jobs for a reasonable amount of time (determined in consultation with their lawyers and precedent established for example during labor strikes ) until they and the police have put up increase security . Then they need to contact those employees and go through the procedural modifications that had been instituted and encourage them to return . If they still do not return , then DWI could replace them with other employees , terminating their contract with their employees on the basis of breach of good faith

[1] KATZENBACH v . McCLUNG , 379 U .S . 294 (1964 CLARK , J , Opinion of the Court Opinion (No . 543 ) 233 F .Supp . 815

[2] The laws of innkeepers –for hotels , motels , restaurants , and clubs John Harold Sherry Ithaca , Cornell University Press , 1972

[3] Premises Liability Law . Aaron Larson , Law Offices of Aaron… [banner_entry_footer]


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