PR&LA Fall 2018

22  • PENNSYLVANIA RESTAURANT & LODGING matters • Fall 2018 LEGAL DOCKET The Attorney ask May a Hotelkeeper or Restaurateur Prohibit Legal Firearms upon their Business Premises? Keith A. Clark, Esquire SHUMAKER WILLIAMS, P.C. General Counsel, Pennsylvania Restaurant & Lodging Association Keith A. Clark, Esquire WE RECENTLY HAD an inquiry from a hotelkeeper regarding firearms, specifically, can hotelkeepers prohibit firearms on their premises, regardless of whether the guest has a license or permit to carry the firearm. Further, if the guest violates such policy, can the hotelkeeper ask the guest to leave, and does the Pennsylvania Innkeepers’ Bill of Rights protect the hotelkeeper from liability for denying access? We will expand our discussion to the extent possible to address the first question for both hotelkeepers and restaurant operators. Generally, throughout the nation, there have been cases, some recently, involving the control of a business by an owner versus certain statutory or Constitutional rights of customers. Two specific factual issues that received significant press recently include the case involving a baker who refused to make a wedding cake for a gay couple and the use of restrooms in the Starbucks case. The Pennsylvania Statute drafted by the undersigned and introduced into Pennsylvania Law by the association for hotel owners at the time, commonly called the “Pennsylvania Innkeepers’ Bill of Rights,” provides in part that “a hotelkeeper shall have the right to refuse or deny accommodations, facilities, or privileges of a lodging establishment to…a person who the hotelkeeper reasonably believes is bringing into the lodging establishment property which may be dangerous to other persons, including explosives or illegal firearms .” In our opinion, this statute clearly indicates that if a prospective customer does not have the appropriate license for firearms which they want to bring upon the premises, the hotelier is allowed to deny occupancy to that customer and is protected from liability for denying such accommodation. This protection is limited to hotelkeepers. This then raises the issue of whether a hotelkeeper or a restaurateur may preclude customers from bringing appropriately/legally licensed firearms upon the business premises. Generally, an owner of a business property can set reasonable regulations for the use, control of, or behavior of customers upon its premises. Whether it is reasonable for the business owner to preclude the presence of firearms (legally licensed by the customer) involves a gray area which could ultimately end in a Constitutional law issue with the Supreme Court someday. Is a hotel factually a “public accommodation” open to all? To some extent, in our opinion, the answer depends upon the size and content of the hotel versus the rights of individuals in our country. Rather than theorizing on this legal issue, the remainder of this article provides some practical advice applicable to both hotels and restaurants. An appropriate approach by a hotelkeeper or restaurateur who wishes to preclude the