Usually, businesses can trespass a general occupant by simply telling them they don't want them on the property anymore. But it's different when that occupant has rented the space. The covenant of quiet enjoyment provides some protection to daily/hotel renters. In particular, your right to the use of your room and amenities without interruption can not be terminated unless you breach the terms of the rental agreement.
This page provides a copy of the actual police report. Page 5 of which describes the mother's car as "nearby".
Well I did post a pic of the google map, and google provides a legend with a scale. It also provides a measurement tool, which I should have used and been able to give a more accurate first assessment. If she were parked as car as possible within sight of the pool she could have been as much as 80' in one direction and 100' in the other. The language she used describing the situation indicated that she was much closer, and the police report describes the location of the mother as "nearby".
I think the woman stepping away from her swimming children is being used as a convenient pillory, painting her as negligent (whether correct or not) makes it easier to justify the completely unrelated treatment she received. The police were not called to report unattended children.
I think that because I have seen families at the beach often enough. Here's one of my favorites, Cocoa Beach...
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It is common and uncontroversial for parents to sit on the beach like this while their children swim. Even a 7 year old. I wouldn't let my 7 year old that far away even just to wade in the ocean but it's not uncommon. One trip to this very beach, our kids were swimming with a couple of Italian kids we met while my wife chatted with the parents. After like an hour of watching them, the Parents just got up and went to the Coconuts on the Beach for a drink.
And if being 60, or 80, or 100 feet away from the water represents such an unsupportable risk, consider for a moment where this beach puts its lifeguards...
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This isn't about a woman who put her children at risk. In absolute terms, their risk of dying did not go up appreciably by the act of her moving from 15' away from them to 50' or whatever the actual (probably shorter) distance was. The hotel did not take this action out of care and concern for those two kids.
We want to portray her as a bad mother because it's just easier to accept bad things when they happen to bad people.
Maybe she was just tired and didn't want to. That's her right. Why bother having rights if we don't get to use them? Maybe she saw that the white swimmers were not challenged and felt discriminated against. There is a long history of discrimination against blacks at swimming pools, and maybe she felt, likewise, ill-used.
Do you think there is such a clause in there? I stay at Hampton Inns often and read what I sign. I don't have a hard copy though and I can't get the website to put one up unless actually booking a room. I'm happy to support my assertion, or own an error; if you honestly believe that such a clause exists, if you distinctly remember reading such a thing at any of the times you have booked a hotel, I will dig deeper, request the info from a Hilton customer service rep, or even book a room and then cancel it later.
She made the assertion that she could see her children from her position and a review of the site doesn't preclude that. Most people in cars can still see things that happen outside of that car.
They kinda did. I mean, they had to show up and investigate because they were called. The official status of the case listed on the police report was "Unfounded".
Is it your position that one is a trespasser until proven otherwise? To answer more directly, if someone is behaving like a customer, you assume they are a customer. If you are still suspicious, you ask them. If you're still suspicious but still have no evidence that they are trespassing you watch them a little longer. It's a woman and two young kids, they're floating in the pool, not stealing it.
If Morgan Kunkel had been an employee worth keeping, the situation would have gone down like this,
"Hi there, I'm Morgan, thank you for choosing Hampton Inn. Just a heads up, we really need you to stay in the gated area while the little guys swim. I hate to even be a pest about it but there's a liability thing, it's just one of those rules they really want us stay on top of; I'm sure you understand... Oh, we've had some complaints, is the wifi treating you alright?... Great, they weren't kidding at check in when they told you about our 100% Hampton Guarantee, if you're not 100% satisfied with your stay we won't charge you for it. Enjoy your stay, just ... please stay inside the gate when the kids are in the water, then I won't have my boss screaming at me, ya know?..."
It's called customer service. Customers react like customers when you treat them like customers.
Well, eventually she would want to sleep right?
This is a great point. In fact, in the
Hampton In Standards Manual it specifically instructs the front desk to not speak the room number aloud at check in (111.05).
Renting a hotel room is a contract. Once the hotel gives you the key, they can't kick you out unless you break the contract. In most common law jurisdictions a hotelier can only evict you without cause if they give reasonable notice and that is usually only applied in cases where the term of the rental has expired.