Legal Question in Discrimination Law in Georgia

I went to meet my lover at a hotel we frequent regularly. We meet there for a few reasons. First reason is that we are both involved with live-in partners and require a clandestine location. Second reason is because I simply adore the service, decor and food. So with all that said I arrived one evening with my overnight bag and realized I should head for the lobby restroom as my tummy prompted me to do so. I have digestive issues and while I made it into the stall before disaster struck, my pants were not so lucky. Luckily for me however I had a change of clothing in my overnight bag and changed behind the confines of the stall into unsoiled clothing. I didn't foresee this could be an issue and refused to ride an elevator up to meet my lover with soiled pants. Apparently this did not go over well with security as one guard met me as I exited with raised eyebrows stating I had been in the restroom too long and asked what I was doing there. Told him I was meeting a friend who was a guest and volunteered the room number to him. He then proceeds to tell me that I would not be going up at that time as the head of security requested to speak with me. I am a reasonable person and figured I had raised a security concern and had no qualms about speaking with security so they could do their job, so I accepted and went to the office to meet the head of security while calling my lover from my cell phone to explain what was happening. When I entered the office I was met by the aggressive head of security who yells out 'its a positive match', and goes on to tell me that he spoke to my lover and alluded that he told him specifics about our relationship and that vice were on their way. I realized then that he believed I was a prostitute and was trying to coerce me into admitting I was there for illicit purposes by lying to me about what my lover supposedly said. I knew then that my being in that office was not about getting to the bottom of a concern but to instead justify his actions by any means. I told him I wound wait for the police outside because I had nothing to hide and before I exited I asked him what the meaning of his positive match remarks were as he had not asked my my name or requested my identification. He told me it was not my concern. I exited and was met by my lover, filled him in on the situation and waited for the police. When the officer arrived the head of security came out to watch the officer inform me that hotel management did not want me on the property and that if I returned I would be arrested. I asked why and he replied that I somehow violated hotel policy by using the restroom because I was not a guest. I offered my identification to the officer. I assumed that this would verify who i was in the event that security had mistaken me for someone else. The officer called my name in over radio checking my name for warrants I assume. My name comes back clear and the officer apologizes for the inconvienence yet asks me if I understand that if I return I will be arrested as the hotel does not want me on the property. Meanwhile my lover and head of security are involved in an exchange. My lover is commenting on the ridiculousness of the situation and requesting to speak with a manager, also adding that if I am not welcome he will check-out. The head of security then whispers to him that I am not worth it,that I have been asked to leave before and my name was on a "list", and that he shouldn't worry because his privacy would be protected. I found it appalling that he had the nerve to lie about me while I was in earshot and even more appalling that I was being banned because they asserted I was there for illicit purposes but he would be unscathed. He went inside to speak with the manager on duty and they maintained I was not welcome so he checked out.

These are the facts. I have been a patron of the bar & restaurant for years with girlfriends and most regularly with my lover without incident and I have the bank records to support it. I am not a prostitute, nor am I a drug user. I am in my late 20's, while my lover is in his 40's and we are of different ethnicities. The head of security assaulted my character with false claims.

Does it sound as though there were elements of sexism and profiling in this incident? Is there any legal recourse I can take in regards to the false claims? Any thoughts/advice will be greatly appreciated.


Asked on 8/28/09, 5:53 pm

1 Answer from Attorneys

Yasha Heidari Heidari Power Law Group, LLC

Greetings,

It does not appear that you have a private cause of action based on any sexual or racial profiling. However, you may have a cause of action for slander. According to Georgia law, and in particular O.C.G.A. � 51-5-4:

(a) Slander or oral defamation consists in:

(1) Imputing to another a crime punishable by law;

(2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;

(3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or

(4) Uttering any disparaging words productive of special damage which flows naturally therefrom.

(b) In the situation described in paragraph (4) of subsection (a) of this Code section, special damage is essential to support an action; in the situations described in paragraphs (1) through (3) of subsection (a) of this Code section, damage is inferred.

Be advised, however, that truth is a defense to defamation, so if you sue anyone making defamatory statements, then it is likely that the civil proceeding could become quite unpleasant and personal.

DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.

Read more
Answered on 9/03/09, 6:09 pm


Related Questions & Answers

More Other Discrimination Law (Age, Race, Sex, Gender) questions and answers in Georgia