Limits on Right to Exclude from Property Open to the Public

Question 1

Majority rule

Answer 1

if you own a place of public accomodations you have the right to exclude whoever you want that is not prohibited by civil rights statutes. The solution to being excluded is not the law, but rather free competition! (See Madison v. Queens County Jockey Club, Inc (court concluded that places of amusement and resort enjoyed “an absolute power to serve whom they pleased.”

Question 2

Exception To Maj Rule + 3 reasons why the Exception

Answer 2

: Common carriers and innkeepers that cannot exclude without a reasonable legitimate reason, because (1) often they are monopolies, (2) their services are necessities, and (3) the public relies on them (this rule may very well be outdated today because there are hundreds of transportation companies and hundreds of hotels, but the rule hasn’t changed

Question 3

Minority Rule (NJ)

Answer 3

• You cannot exclude someone of the public from you store or public accommodation without a reasonable legitimate excuse (this is the old common law that had been abolished in most states)
  
  • Rationale: you open a place to the general public for your own personal interest, with that comes obligations to those you want to benefit from
  • Uston v. Resorts International Hotel, Inc.

Question 4

Rules vs. standards

Answer 4

• the majority rule is rigid and clear, everyone know what they can and cannot do, but courts do not have the flexibility needed to remedy certain wrongs.
• The NJ rule gives courts more flexibility, but at the expense of uncertainty to the public in their daily transactions
• He liked Carol Rose, Crystals and Mud in Property Law