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NY Hotel Fines Newlyweds For Every Negative Yelp Review Left By Their Wedding Guests

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NY Hotel Fines Newlyweds For Every Negative Yelp Review Left By Their Wedding Guests

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Old Aug 5, 2014, 7:08 pm
  #61  
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Originally Posted by BearX220
Truth is always the best defense. If you stick to the facts of a bad stay it's virtually impossible to prove libel or slander. But if you signed a service contract acknowledging you will not publicize negative views of the property (even if that clause is buried way down in the agate type; anyone who's studied an airline CoC knows how screwed passengers are by the small print) you might at least be in for a hard time of the management is bloody-minded. Constitutional free speech guarantees do not negate legal agreements between private parties, such as gag orders in a lawsuit settlement.
Hmm, interesting point. You might be able to argue that such a clause was unconscionable especially if it was buried somewhere and if you could meet the other factors needed to prove unconscionability. But I'm just spitballing here.
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Old Aug 5, 2014, 9:00 pm
  #62  
 
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Originally Posted by bhrubin
You obviously have no idea about which you write. Feel free to review a consitutional law course or book to discover that freedom of speech is a protected right for citizens of the United States...against the government as well as well as against each other.
I have picked up many constitutional law books. I stand by what I say, the First Amendment only protects against government intrusion against free speech. If you think otherwise, you're mistaken.

Originally Posted by Blumie
You're still confusing constitutional law with contract law. This has nothing to do with constitutional law, except to the extent that we as a society view free speech as in the public interest (which in turn can affect how contract law is interpreted). Again, I haven't looked into the facts here too closely, but the only basis the hotel possibly could have to fine or penalize the newlyweds is if there were a contractual provision that they agreed to. And I could imagine a contractual provision that might be enforceable that would require the couple to be responsible for the actions of their guests. That said, I'm guessing what I have in mind is not consistent with the facts here. But still, this is not a matter of constitutional law and purely a matter of contract law (and possibly of state or local regulatory law, to the extent that innkeeper regulations are implicated; for example, there could be laws affecting the ability to charge guests for certain things -- such as resort fees, minibar fees, etc. -- and the way those charges are disclosed to guests).
This. I'm not sure whether this is a contractually valid fine (my gut tells me it might not be), but it has nothing to do with constitutional law or protected freedom of speech under the First Amendment. Purely a contract law issue.
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Old Aug 5, 2014, 9:31 pm
  #63  
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Originally Posted by berto714
I have picked up many constitutional law books. I stand by what I say, the First Amendment only protects against government intrusion against free speech. If you think otherwise, you're mistaken.
Hell, you don't even need the book. Just look at the first five words (Congress shall make no law).
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Old Aug 6, 2014, 6:58 am
  #64  
 
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Originally Posted by krlcomm
Here is a link to a REAL BBB complaint about this establishment. Note the proprietor's ridiculous response back to the BBB. Anyone that would ever spend a penny at this place is out of their mind. http://www.bbb.org/upstate-new-york/...647/complaints
Wow, these people are certifiably in crazy-town!

I think one only needs to read their written responses to these intended for neutral parties and public forum to have a full picture of how they treat their guests. The one where the refund request was made 9 months in advance simply sounds like fraud.
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Old Aug 6, 2014, 10:23 am
  #65  
 
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At best this owner is in denial and at worst is a real tool. Maybe (probably) both.

Most outrageous story I have seen in a long time...
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Old Aug 6, 2014, 2:11 pm
  #66  
 
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When the property isn't even a "supporting" member of the local BBB and getting cited negatively in the followup by not responding & resolving disputes, it's "red" alert, flashing lights & siren. That's a warning by itself without all the negative reviews & feedback.

Friend of mine posted & circulated on FB that this "Dragon Gate Inn" deserved to be put out of its customer offensive business practices for good. Censorship will fail nor can it mask their troublesome policies in the informational age.
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