DECEMBER 2018 • FOGHORN 27 LEGAL to exclude a group based upon distaste for the entity’s values or objectives. The challenge is one of distinguishing that the reason for exclusion is due to the message or values, and not because of the group’s protected class status. That is, for instance, if a hate group seeks to ride a private vessel, they may in theory be excluded due to the offensiveness of the group’s messaging and purpose by the vessel owner, but not because of ethnicity. The formulation is much more complicated when the conveyance is publicly owned or engaged in A to B transportation. Publicly owned vessels have an overlay of Constitutional pro- tection that prohibits a governmental entity from denying public services based upon a group or person’s exercise of First Amendment free speech rights. Thus, government-owned conveyances do not have the right to refuse services based on a passenger’s past or present spewing of offensive messages, with the exception that exclusion may occur if the expression is likely to incite injury or violence, or is excessively disruptive to others seeking conveyance. Mild annoyance is insufficient. Finally, vessels that are engaged as A-to-B transportation, even if privately owned, often fall under local public reg- ulatory provisions, which may limit the ability to exclude individuals from the conveyance. Local laws and regulations may greatly regulate private commuter ferries and vessels, which serve as an extension of the public road system. In many cases, regulated A-to-B con- veyance may be subject to local laws that limit the right of exclusion, even exclusion of individuals clearly iden- tified with a hate group or hate cause; unless, again, the expression is likely to incite injury or violence or is overly disruptive to the free enjoyment of the public conveyance by other passengers. 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. n About the Author Steven Bers is an attorney at Whiteford, Taylor, Preston, LLC and PVA General Counsel. He is available to PVA members through the PVA Legal Hotline at 410-347-8724 and sbers@wtplaw.com. Steve will speak at the PVA Annual Convention at MariTrends 2019 in New Orleans on legal issues facing the passenger vessel industry. The European World Leader, proudly serving America's finest ! Reservations, Check-In, Port Automation, ePoS Reservations, Check-In, Port Automation, ePoS We care about your Customers Worldwide, we serve over 33 million passengers, 5 million vehicles and over a million cargo units annually. From whale watching to fine dining and from bay crossings to ocean voyages; Carus has the answer. www.carus.com The European World Leader,