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Told by Extended Stay America manager firearms are not permitted in Durham, NC

ATF Consumer

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As I was pouring myself a cup of coffee in the lobby of the Extended Stay America hotel, the manager asked me if he could speak with me for a moment. He had quite the concern on his face.
He told me that firearms were not permitted on the property, anywhere within or on the premises. I politely said that I didn't see anywhere posted that they were permitted, nor did I see any literature about that being company policy.
He said it was corporate policy and they simply are not allowed. He asked me if I was a guest, to which I told him I was. He asked for my room number, and I gave him that info as well. He then asked me how long I was staying, which was for 3 nights. He cringed when I told him that and then asked me if there was any possibility if I could keep it out in the car. I then cringed and told him I would be scared of it getting stolen.
He then told me that it was absolutely policy, so I asked him if he could provide some documentation stating what he claimed as fact.
I then went up to my room and proceeded to call the corporate office and asked them about the policy.
The rep. I spoke with put me on hold for a moment and then told me that firearms were not permitted at any of their hotels. I asked for where that was stated as company policy, as their policy states all other things that are not permitted on their premises. She put me on hold once again and a few moments later corrected her previous statement and said that they didn't have a corporate policy on banning firearms, but individual hotels may and can have their own policy they wish to enforce.
So, at this point, I'm not sure what is going to happen. If it will appease the manager, I'll tell him that I'll keep the handgun in my car, but I certainly am not going to do that, as I really am afraid it might get stolen. I guess I just won't open carry in or around the hotel while I'm there. I'm just a bit concerned that he will ask me to leave and then I'll be out more money trying to find another hotel for the next couple of days.
 
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solus

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First, NC's statutory signage is vague at best and does not have force of law.

second, you are on private property and even no signage, the individual in charge of the property can as you to remove your firearm. Note in charge of the property, not the on duty clerk or wannabe security bloke. Trespass is charge if pushed by owner to police. (Please see numerous threads here about carry on private property across this nation)

that you failed to address the incident to the Property manager or the faciliy's owner is an oversight as corp overseers do not have sway with the owners per se.

finally it is presumed you were open carrying not sloppily CC'g especially in Durham which has had signifcant issues at residence hotels in the last 12 months or so.
 

ATF Consumer

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Carnesville, GA
Well, the manager had one of his associates come up to tell me to leave. They were gracious enough to refund the remain days I had paid for, but asked me to pack my things and leave.

Now, I'm at another nicer hotel where I am unfortunately concealing so I don't get kicked out again.

The reasoning these liberals use is just beyond ridiculous. It's certainly not logical, that's for sure.

Over all, I think my wife will be presently surprised and happy when she gets out of her conference to her new accommodations.
 

solus

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Well, the manager had one of his associates come up to tell me to leave. They were gracious enough to refund the remain days I had paid for, but asked me to pack my things and leave.

Now, I'm at another nicer hotel where I am unfortunately concealing so I don't get kicked out again.

The reasoning these liberals use is just beyond ridiculous. It's certainly not logical, that's for sure.

Over all, I think my wife will be presently surprised and happy when she gets out of her conference to her new accommodations.
PM inbound
 

OC Freedom

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Well, the manager had one of his associates come up to tell me to leave. They were gracious enough to refund the remain days I had paid for, but asked me to pack my things and leave.

Now, I'm at another nicer hotel where I am unfortunately concealing so I don't get kicked out again.

The reasoning these liberals use is just beyond ridiculous. It's certainly not logical, that's for sure.

Over all, I think my wife will be presently surprised and happy when she gets out of her conference to her new accommodations.
We have a saying here in Idaho that I have heard many times. "Open Carry when you can and conceal carry when you can't."
The day I check out of a hotel is the day I open carry, so if they have a problem with it, well I am checking out anyway, so they can go kick rocks.
 
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color of law

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Civil rights not only come from legislated law, it also comes from federal court decisions.

The Second Amendment guarantees the right of the people to keep and bear arms. For decades, the Supreme Court has referred to the Second Amendment as a fundamental civil right, comparable to other provisions of the Bill of Rights. See, e.g., Johnson v. Eisentrager, 339 U.S. 763, 784 (1950) (describing the First, Second, Fourth, Fifth, and Sixth Amendments as the “civil-rights Amendments”).

What Are Civil Rights?

Protecting civil rights is an essential part of the democratic values of the United States. Everyone realizes that interfering with another's civil rights is a violation that creates an action for injury, but before you can protect your civil rights, you must recognize and know what they are. However, articulating an exact definition of civil rights can be difficult to pinpoint because it is a very broad set of laws. Civil rights are an expansive and significant set of rights that are designed to protect individuals from unfair treatment; they are the rights of individuals to receive equal treatment (and to be free from unfair treatment or discrimination) in a number of settings -- including education, employment, housing, public accommodations, and more -- and based on certain legally-protected characteristics.

42 U.S.C. §2000a (a)All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin.

Based on the above I would think that the hotel could find themselves in a bad way in violating a fundamental right. The room they offer as an accommodation is your temporary abode, you having a right to protect yourself in your temporary home cannot be denied.

That is how I see it and I think the law is on my side.
 

Grapeshot

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Is not a place of "public accommodation."

It is private property - they can have rules limiting what you can and cannot do - example no livestock in your room.

I do not see where race, color, religion, or national origin has been violated.
 

color of law

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Is not a place of "public accommodation."

It is private property - they can have rules limiting what you can and cannot do - example no livestock in your room.

I do not see where race, color, religion, or national origin has been violated.
So, they could deny you service for wearing a TRUMP shirt?
 

2a4all

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We have a saying here in Idaho that I have heard many times. "Open Carry when you can and conceal carry when you can't."
The day I check out of a hotel is the day I open carry, so if they have a problem with it, well I am checking out anyway, so they can go kick rocks.
I agree. The primary reason I carry is for personal protection, so I adopt a carry mode that best assures that I can carry.
 

WalkingWolf

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Is not a place of "public accommodation."

It is private property - they can have rules limiting what you can and cannot do - example no livestock in your room.

I do not see where race, color, religion, or national origin has been violated.
Welllllll I believe renting a motel room is the same as renting a apartment. They may be able to restrict carry outside the room, but I see some issues. I don't believe they can force a person from their room after they have agreed to a contract for temporary abode. If OP had refused I would think they would have to go through the eviction process, and that can take months. This happened to a lady with a squater that she allowed to stay overnight when it came to get her to leave the police would not touch the issue. Had she trespassed the squatters immediately she would have been fine, but there is a legal process to remove a person from where they have taken up residence if initially legal.

IIRC a motel in Greensboro had to go through eviction to remove tenants so they could remodel.
 
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gutshot II

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Is not a place of "public accommodation."

It is private property - they can have rules limiting what you can and cannot do - example no livestock in your room.

I do not see where race, color, religion, or national origin has been violated.
It certainly is a "public accommodation". They can be public property or private property. I'll agree that this does not involve any protected class, but a hotel is a "public accommodation". As a matter of fact, under Title II of the Civil Rights Act, the definition of "public accommodation" is limited to only businesses like hotels.
 

Grapeshot

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It certainly is a "public accommodation". They can be public property or private property. I'll agree that this does not involve any protected class, but a hotel is a "public accommodation". As a matter of fact, under Title II of the Civil Rights Act, the definition of "public accommodation" is limited to only businesses like hotels.
Apparently I answered to quickly, w/o looking deeply enough.

I stand corrected.
 

HP995

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Much admiration for the knowledge and insight here on this situation, good job.
 

solus

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A review of NC statutes Chapter 72, specifically 72-1 Must furnish accommodations; contracts for termination valid. Which states,
(a) Every innkeeper shall at all times provide suitable lodging accommodations for persons accepted as guests in his inn or hotel.
(b) A written statement setting forth the time period during which a guest may occupy an assigned room, signed or initialed by the guest, shall be deemed a valid contract, and at the expiration of such time period the lodger may be restrained from entering and any property of the guest may be removed by the innkeeper without liability, except for damages to or loss of such property attributable to its removal. (1903, c. 563; Rev., s. 1909; C.S., s. 2249; 1979, c. 532.)

now failing to remember the nitpicking minutia of my contract law 101, I do know a contract can be ended at any time with or without acknowledgement of the other party.

There is no civil rights nonsense, federal or otherwise, the innkeeper furnished [72-1a] the OP entered into the contract [72-1b] the innkeeper decided to curtail the contract early for apparent reasons not associated with the civil rights act.

Tis a business dispute, settled in civil or small claims court, but to what bloody point?
 

solus

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Welllllll I believe renting a motel room is the same as renting a apartment. They may be able to restrict carry outside the room, but I see some issues. I don't believe they can force a person from their room after they have agreed to a contract for temporary abode. If OP had refused I would think they would have to go through the eviction process, and that can take months. This happened to a lady with a squater that she allowed to stay overnight when it came to get her to leave the police would not touch the issue. Had she trespassed the squatters immediately she would have been fine, but there is a legal process to remove a person from where they have taken up residence if initially legal.

IIRC a motel in Greensboro had to go through eviction to remove tenants so they could remodel.
Seems by NC eviction statutes renting an innkeep’s room is not the same as renting ‘residential property’
§ 42-59. Definitions.
(3) “Entire premises" or "leased residential premises" means a house, building, mobile home, or apartment, whether publicly or privately owned, which is leased for residential purposes. These terms include the entire building or complex of buildings or mobile home park and all real property of any nature appurtenant thereto and used in connection therewith, including all individual rental units, streets, sidewalks, and common areas. These terms do not include a hotel, motel, or other guest house or part thereof rented to a transient guest.

 

color of law

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Connelly v. Family Inns of America, Inc., 540 SE 2d 38 - NC: Court of Appeals 2000
In analyzing G.S. 72-1(a), this Court has made clear that the provision "does no more than state the common law duty of an innkeeper to provide suitable lodging to guests, and carries with it no warranty of personal safety." Urbano v. Days Inn, 58 N.C.App. 795, 799, 295 S.E.2d 240, 242 (1982)
§ 72 - 3. Safekeeping of valuables.
It is the duty of innkeepers, upon the request of any guest, to receive from said guest and safely keep money, jewelry and valuables to an amount not exceeding five hundred dollars ($500.00); and no innkeeper shall be required to receive and take care of any money, jewelry or other valuables to a greater amount than five hundred dollars ($500.00): Provided, the receipt given by said innkeeper to said guest shall have plainly printed upon it a copy of this section. No innkeeper shall be liable for the loss, damage or destruction of any money or jewels not so deposited.
No case law clarifying the term valuables. The statute states no exceptions except value limitations.

As to contract law: a contract cannot be terminated just because one party does not like it. There has to be a breach of the terms of the contract before termination of such can take place.
 

WalkingWolf

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I stand corrected, the motel in Greensboro may have had a different slant due to the renters were on a monthly rent agreement. As a LEO, though many decades ago, I would only enforce laws pertaining to crimes, we would not remove patrons from rooms unless they committed a crime. Usually though most calls were over parties in rooms, which were easily resolved. In the case of a rock band that trashed a room, and harassed a female guest they were arrested for vandalism, and assault. Naturally we had to remove them from the room to transport them to county jail.
 

ATF Consumer

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This just happened near where I work in GA...

https://www.gwinnettdailypost.com/local/woman-found-stabbed-to-death-at-norcross-hotel-suspect-at/article_634c60ae-d3cf-5526-8587-18749ad6e00f.html


After experiencing the environment at the Extended Stay America and the new accommodations at Wingate by Wyndham, the additional cost certainly is worth it. My wife certainly agrees, as well. Funny thing is, this is where she originally booked, but because she was trying to save money for the trip, opted for the cheaper route. She was very glad that we ended up back at Wingate.
 

solus

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This just happened near where I work in GA...

https://www.gwinnettdailypost.com/local/woman-found-stabbed-to-death-at-norcross-hotel-suspect-at/article_634c60ae-d3cf-5526-8587-18749ad6e00f.html


After experiencing the environment at the Extended Stay America and the new accommodations at Wingate by Wyndham, the additional cost certainly is worth it. My wife certainly agrees, as well. Funny thing is, this is where she originally booked, but because she was trying to save money for the trip, opted for the cheaper route. She was very glad that we ended up back at Wingate.
One hopes the rest of your trip is enjoyable as well as filled with good company and food! :rolleyes:
 

Thundar

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Civil Rights Act of 1865 vs. 1965

It certainly is a "public accommodation". They can be public property or private property. I'll agree that this does not involve any protected class, but a hotel is a "public accommodation". As a matter of fact, under Title II of the Civil Rights Act, the definition of "public accommodation" is limited to only businesses like hotels.
Gunshot is correct, a hotel is certainly a public accommodation with interstate commerce implications, which subjects the hotel to CRA1965 remedies for certain civil rights violations. The CRA of 1965 does not include, per se, any enforcement provisions for self defense rights.

Self defense rights, including gun rights, are part of the 1865 Civil Rights Act, and are recognized by the Federal Courts as Civil Rights. If you look at the cover sheet for Heller, you will see that the civil rights box is ticked.

According to the 14th A it is up to the legislative branch to enact laws to protect our civil rights. Congress has the power to protect our self defense rights with civil rights legislation, but has so far chosen not to.

Live free or die,
Thundar
 
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