26 DECEMBER 2018 • FOGHORN LEGAL E arlier this year, Hyatt Hotels’ CEO Mark Hoplamazian announced that the large hotel chain would ban “hate groups” from its properties. He said, “If a group is primarily focused on disparaging a group by virtue of their identity…that’s really where we need to draw the line. We’re going to apply our values to making these decisions along the way. ” Let’s bring the issue closer to your dock. Can a passenger vessel operator also draw a line and refuse service to a political group, a hate group, or any other group on its vessel? For example, what would your vessel company do if conveyance was sought by a group or groups that you feel are potentially dangerous or that you believe represents a threat to your customers and crew? What are the Legal Obligations of Passenger Vessel Operators? Privately owned vessel companies providing dinner or tour excursions, going from point A and returning to point A, enjoy an inherent right to accept or deny passage, in the same manner that an individual need not let anyone into one’s home. However, this right is tempered in most jurisdictions by anti-discrimination laws that prohibit exclusion from public businesses, such as passenger vessels, based upon protected class status: for example, on the basis of race, age, gender, sexual orientation (in some jurisdictions only), religion, national origin or disability. In theory, a private vessel owner has a right, by example, “HATE” On Your Boat By Steven Bers, Whiteford Taylor, Preston, LLC Let MCM manage your insurance so you can focus on your voyage MCM is a leading independent insurance brokerage based in the Pacific Northwest. Our marine practice group has more than 100 years of combined experience placing insurance and managing the marine industry’s unique risks. Whether we’re working with vessel operators, builders, repair facilities or suppliers, we create specialized solutions that meet each client’s needs. EMpLoyEE BEnEfits | ExECutivE BEnEfits | REtiREMEnt pLans insuRanCE advisoRy | pRopERty & CasuaLty Contact Damon L. Nasman at (206) 262-6375 or email damon.nasman@mcmnw.com www.mcmnw.com “Under all circumstances, a vessel owner has the right to exclude passage if there is a reasonable belief, based on more than mere repugnance at the hate message, that an individual or group may incite violence on a vessel.”