Legal Question in Business Law in Massachusetts
Rights of B&B owners with regard to Tennant behavior
As owners/operators of a small, 3-room Bed & Breakfast, we have chosen to make our property a non-smoking environment. We assume we have that right, not only because we desire it for ourselves and our guests, but because we live in a county that has banned smoking in certain public places. We wonder where the line is drawn for innkeepers with regard to what they can forbid on their premises, and what they legally cannot forbid. For example, are they able to reject homosexual couples from an overnight stay, or even unmarried heterosexual couples? As innkeepers, we are concerned that we in no way violate the rights of guests; but, at the same time, we recognize we have certain obligations to our guests to maintain a non-offensive environment (such as the "smoke-free" one). It would help us to know what specific non-discrimination laws apply to small B&Bs, that we will be able to answer when questioned thereon. Thank you for your kind consideration.
1 Answer from Attorneys
Re: Rights of B&B owners with regard to Tennant behavior
Your question calls for a very detailed and exhaustive answer. As a public accomodation, and a business is a public accomodation, you cannot discriminate on the basis of race, religion, color, national origin, national ancestry, disability and in Massachusetts, sexual orientation. Smokers are not considered to be a protected class. While I understand that you do not want your B&B to have a "non offensive" environment, you do not have the right to discriminate for any of the reasons you have suggested. You are a public accomodation.
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