$300k discrimination lawsuit re: no-party policy at a Portland (Oregon) Residence Inn
Jan 3, 2020, 12:01 pm
#16
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If the facts of this case are indeed true, there should be liability. She will, of course, have to substantiate any damages award. I say that as both a lawyer and a black male who has, for instance, been subjected to things such as a mandatory tip for a dinner party of 3 when certain others at a separate table were not.
Jan 3, 2020, 12:35 pm
#17
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"Gonzales’ suit seeks $300,000 for embarrassment, frustration, humiliation and “feelings of racial stigmatization.” The suit also says it could later be amended to add $1 million in punitive damages."
Like, really? Even if her side of the story is the whole story and she was in fact singled out based on race (which is questionable, but for the sake of argument...), surely the maximum justifiable amount would be three to four digits of compensation, not six or seven. I understand shooting for the moon, but this is so ridiculous. You would get less money if Bill Marriott personally chopped off your left ear and both big toes.
Like, really? Even if her side of the story is the whole story and she was in fact singled out based on race (which is questionable, but for the sake of argument...), surely the maximum justifiable amount would be three to four digits of compensation, not six or seven. I understand shooting for the moon, but this is so ridiculous. You would get less money if Bill Marriott personally chopped off your left ear and both big toes.
Now whether $1 million is too much for punitive damages it really depends on the circumstances of the case, but in any case not on the specific injuries claimed by the plaintiff.
Jan 3, 2020, 4:38 pm
#19
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One hotel in which I worked required a credit card, debit card, or large cash deposit to check into a room. That requirement was waived for guests booked on corporate accounts that included direct billing. If there was damage or unpaid incidentals, we knew we'd get paid eventually by the company.
Jan 3, 2020, 6:53 pm
#20
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That is the essence of punitive damages. It is not supposed to compensate for any harm suffered by the plaintiff but rather to inflict a penalty on the tortfeasor so as to serve as an incentive that s/he will refrain from engaging in that conduct again in the future.
I'm curious how $300,000 in "harm suffered by the plaintiff" was calculated.
Jan 3, 2020, 6:55 pm
#21
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Or maybe not.
But I don't think there need to be additional significant facts not reported to back this up and have it dismissed. I'd say there need to be facts not reported that contradict the claim, as hypothesized above, to have it dismissed.
Jan 3, 2020, 7:10 pm
#22
Join Date: Aug 2018
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300k for intentional infliction of emotional distress is not completely at odds with the prevailing trends on damage awards. It is incumbent on the plaintiff to prove she did suffer that injury and up to the finder of fact to make such determination. We really do not have all facts, but I’ve certainly heard or read in the news about courts awarding six-figure pecuniary awards to compensate for what one might qualify as not-so-significant emotional and psychological injuries.
Jan 3, 2020, 8:11 pm
#23
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For the lawyers in the group, if the case is found to be baseless can Marriott or the property then counter-sue for damages to their reputation for being falsely accused?
Jan 3, 2020, 9:23 pm
#24
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According to the linked story, she lived in Portland until October 2018 and drove back to Portland from California in January 2019 to visit family. It was during this visit that she was asked to sign the no parties document.
Wonder if her drivers license still showed a Portland address? Not uncommon for hotels to be concerned with local residents hosting parties in their hotel rooms.
Wonder if her drivers license still showed a Portland address? Not uncommon for hotels to be concerned with local residents hosting parties in their hotel rooms.
Jan 4, 2020, 7:41 pm
#25
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A post essentially calling for increased self awareness from a historically privileged class of person, discrimination does not make.
If the facts of this case are indeed true, there should be liability. She will, of course, have to substantiate any damages award. I say that as both a lawyer and a black male who has, for instance, been subjected to things such as a mandatory tip for a dinner party of 3 when certain others at a separate table were not.
If the facts of this case are indeed true, there should be liability. She will, of course, have to substantiate any damages award. I say that as both a lawyer and a black male who has, for instance, been subjected to things such as a mandatory tip for a dinner party of 3 when certain others at a separate table were not.
Jan 4, 2020, 8:40 pm
#26
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Jan 5, 2020, 4:36 am
#27
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Jan 5, 2020, 11:37 am
#28
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I once ran into a related issue at a hotel where the clerk insisted on making a photocopy of my driver's license because I live within 100 miles. When I refused, she went into the back to confer with the (unseen) manager, returning with "That policy is being waived this once."
Jan 5, 2020, 1:39 pm
#29
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It would be interesting to get copies of all the times they made customers sign the forms and what the breakdown of races were. It would seem this would show whether there is or is not a viable lawsuit. As much as I dislike lawsuits I dislike racism more. Unfortunately we will likely never know the true story on this one.
Jan 5, 2020, 1:59 pm
#30
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It would be interesting to get copies of all the times they made customers sign the forms and what the breakdown of races were. It would seem this would show whether there is or is not a viable lawsuit. As much as I dislike lawsuits I dislike racism more. Unfortunately we will likely never know the true story on this one.
The hotel would hopefully be asking every first time guest to sign one of these.
I can certainly see that a hotel would be wary of anyone booking a large suite to hold a party. At least I would hope they'd be wary of anyone, not just someone fitting a profile. And even if they weren't wary of "anyone," at least be consistent in a policy.
