Los Angeles, CA asked in Civil Rights, Constitutional Law and Civil Litigation for California

Q: Is it a racial discrimination case to kick me out of a hotel for smoking and covering up a smoke detector with no proof

After they told my girlfriend a hour before that everything was fine then when I arrive at front desk a hour later to ask why my room wasn’t cleaned they say we have to check out and we already paid for the weekend up until Monday this incident happens Friday! So they kick us out with ZERO proof of evidence of anything!!!! Also no refund!

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It would be racial discrimination if smokers of your race were the only smokers being kicked out of the hotel. You should request a refund of your payment as to the days you did not occupy the room. They may have a policy about extra cleaning of the room if you smoked in it. I understand the gist of your question goes to whether the hotel had proof, but having proof is not required at this stage of the incident. If you sued them under Civil Code 51 et seq., they may have to provide proof. They may have proof, but have not showed it to you. Proof could consist of the report of housekeeping that on entering your room there was a strong smell of smoke that had not been there before. You may think that proof is only a cigarette butt but this is not correct.

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