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An attorney attending the Association of American Law Schools conference in Denver earlier this month experienced an unexpected knock. Now, more than 60 attorneys who attended that conference are demanding action from the downtown Denver Sheraton.
An attorney attending the Association of American Law Schools conference in Denver earlier this month experienced an unexpected knock. Now, more than 60 attorneys who attended that conference are demanding action from the downtown Denver Sheraton.
An attorney attending the Association of American Law Schools conference in Denver earlier this month experienced an unexpected knock. Now, more than 60 attorneys who attended that conference are demanding action from the downtown Denver Sheraton.
‘May 17, 2017
By Registered and Electronic Mail
‘Ame M. Sorenson
President and Chief Executive Officer
Marriott International
10400 Fetnwood Rd.
Bethesda, MD 20817
Edward A. Ryan
Executive Vice President and General Counsel
‘Marriott International
10400 Fetnwood Ra,
Bethesda, MD 20817
Dear Mr. Sorenson and Mr, Ryan:
We write as members of the Clinicians of Color Committee of the Association of American Law
Schools (AALS), Section on Clinical Legal Education, to raise to your attention an outrageous
incident of racial discrimination that occurred at the Sheraton Downtown Denver Hotel on May 7,
2017. This was the site of the annual AALS Conference on Clinical Legal Education (“AALS
Clinical Conference”), which brought over 600 hundred law professors and practitioners together
from actoss the country, from May 6 to May 9, 2017. Unfortunately, this was also the site of a
blatant instance of racial profiling, which was immediately brought to the attention of the hotel staff
and management, and whose grossly inadequate response only compounded the problem.
At approximately 9:50 am. on Sunday, May 7th, a registered AALS Clinical Conference attendee,
Brandon Greene, entered the men’s restroom on the Concourse Level of the Plaza building of the
hotel. Mr. Greene is a staff attorney and Clinical Supervisor at the East Bay Community Law
Center, the community-based teaching clinic of the University of California, Berkeley School of
Law. Mr. Greene is also African-American, Soon after Mr. Greene enteted a private stall, closing
and locking the door behind him, a Sheraton employee knocked on his stall door. The employee,
dressed in black pants and black shoes, asked, “Are you staying here?” Mr. Greene responded, “I am
here for a conference. Is it standard policy and procedure to knock on bathroom doors and question
if someone is a guest?” The employee replied, “Just checking, sir.” Mr. Greene then said, “This is
weird and a serious violation of privacy.” The employee then said again, “Just checking, sit.” The
‘employee was gone by the time Mr, Greene emerged from the bathtoom,
‘Mr. Greene immediately reported what had occurred to a hotel staff member at the hotel reception
desk. That employce told our colleague, “Sorry for the inconvenience,” and asked that he move to
the side while that employee dealt with another guest. Once the employee finally addressed our
colleague, the employee asked Mr. Greene if he drinks coffee and gave him a card for a free
beverage from Pect’s Coffee, The employee then left and emerged with another employee.
Once Mr. Greene explained the issue to this employee, the employee told him that she was sorry for
the inconvenience and that she would follow up with the head of security. Later that day, Mr.
Greene, along with members from the AALS Clinical Conference Planning Committee, had a
conversation with another hotel staff member. After Mr. Greene explained what had occurred, thestaff member began to ask Mr. Greene questions that were both dismissive of his experience and
that called into question whether it was actually an employee who accosted Mr. Greene in the
restroom, Mr. Greene gave the staff member an approximate timeframe for the event and was then
told that the security footage would be checked,
Later that evening, Mr, Greene received an email from the General Manager apologizing for the
“unfortunate experience” but failing to address the harm caused by the incident. A copy of that
‘email is attached. On Tuesday, May Sth, Mr. Greene met with the Director of Security to discuss this
issue. The Director explained that the hotel has “issues with transients” and proceeded to ask Mr.
Greene if he was “dressed down” when the incident occurred. Mr. Greene explained that he was in
jeans, a button up shirt and a sports coat, that his hundreds of white counterpart conference
participants were dressed similarly if not even more casually, that none of his colleagues were
mistaken for being transients and that in any case that fact~Mr. Greene’s clothing--was irrelevant to
the clear racial profiling that had occurred,
When Mr. Greene pressed the Director farther about what, if any, of his behaviors might seem
suspicious, the Director could not or would not answer Mr. Greene's questions. These subsequent
responses by hotel management were inadequate, failing to acknowledge that Mr. Greene's status at
the hotel should never have been in doubt and that the manner of the question—knocking on the
stall while he was inside—is a gross invasion of privacy and a distespectful means of questioning a
guest.
As you are no doubt aware, Title II of the Civil Rights Act of 1964 guarantees the “full and equal
enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place
of public accommodation . . . without discrimination on the ground of race, color, religion, or
national origin.” 42 U.S.C. §2000a(a). Colorado law similarly prohibits discrimination in public
accommodations on the basis of race. Colo. Rev. Stat. 24-34-601(1). The Sheraton is
unquestionably a place of public accommodation under both federal and state law. 42 U.S.C.
§2000a(b); Colo, Rev, Stat. 24-34-601 (1).
‘The treatment of our colleague was degrading and humiliating for him personally and offensive to us
collectively. These are the very indignities that federal and state public accommodations laws were
intended to address. The lack of recognition by hotel staff and management as to the impact of this
discriminatory behavior on a hotel guest of color is unjustifiable. That such mistreatment of a patron
could happen at all, combined with the failure of the hotel staff and management to adequately
acknowledge or ameliorate the situation, suggests inadequate training and sends the message that
racial profiling is an accepted practice at Marriott International hotels.
In light of this instance of racial discrimination against our colleague and the hotel’s failure to
meaningfully address it, we ask that Marriott International immediately take the following steps:
+ Issue a written apology to Mr. Greene, specifically addressing what assumptions were made
about him, the basis of those assumptions, and why the assumptions, the behavior of the
employee, and the hotel’s responses to date were wrong of insufficient to address the harm,
+ Issue an apology to all attendees of the AALS Clinical Conference.
+ Commit to providing anti-bias training for all Marriott International employees, including,
training on unconscious bias, overt bias, and discrimination against all protected classes in
public accommodations.+ Create a detailed, appropriate response plan for how to address these kinds of situations in
the future,
+ Commit to recording and tracking incidents of discrimination,
+ Meet with members of our committee to discuss further appropriate action.
‘Our goal is to ensure that appropriate steps be taken to address the harm already done to Mr.
Greene and that other patrons are not subjected to such discriminatory treatment at Marriott
International properties in the furure. In light of Marriott International’s stated commitment to
diversity and inclusion as “fundamental to our core values and strategic business goals,”
hutp:/ /www-marriott.com/diversity/diversity-and-inclusion.mi, we trust that you will respond
promptly and substantively to this letter.
‘You may reach us by contacting Professor Natalie M. Chin via email at natalie.chin@brooklaw.edu
or by phone at 718-780-0659.
Muneer I. Ahmad, Clinical Professor of
Law, Yale Law School
‘Natalie M. Chin, Assistant Professor of
Clinical Law, Brooklyn Law Schoo!
Patience A. Crowder, Associate Professor
of Law, University of Denver
Sturm College of Law
Brandon Greene, Attorney and Clinical
Supervisor, East Bay Community Law
Center, UC Berkeley School of Law
Robin Walker Sterling, Associate
Professor, University of Denver
Seurm College of Law
‘Thelma L. Harmon, Associate Professor
“Thurgood Marshall School of Law
‘Medha D. Makhlouf, Clinical Professor of
Law, Penn State Dickinson Law School
Sincerely,
Clinicians of Color Committee members
(Title/Institution listed for identification
purposes only):
Seema N. Patel, Clinical Director, Kast Bay
Community Law Center, UC Berkeley School of Law
Dana Thompson, Clinical Professor of Law,
University of Michigan Law School
Btienne Toussaint, Visiting Associate Professor of
Clinical Law and Friedman Fellow,
George Washington University Law Schoo!
Carol M. Suzuki, Professor of Law, University of New
Mexico School of Law
Suzette M, Melendez
Director, Children’s Rights & Family Law Clinic,
Syracuse University College of Law
Jeena Shah, Visiting Assistant Clinical Professor of
Law, Rutgers Law School
Erika Wilson, Assistant Professor of Law,
University of North Carolina School of LawDavid Baluarte, Associate Clinical
Professor of Law, Washington and Lee
University School of Law
Mindy Phillips, Attorney and Clinical
Supervisor, Fast Bay Community Law
Center, UC Berkeley School of Law
Lynnise Pantin, Clinical Associate
Professor, Boston College Law School
Ramzi Kassem, Professor of Law,
City University of New York
School of Law
‘Tarck Ismail, Senior Staff Attorney,
CLEAR project, City University of
New York School of Law
Naz Ahmad, Staff Attorney,
CLEAR project, City University of
New York School of Law
Vinuta Naik, Attorney and Clinical
Supervisor, East Bay Community Law
Center; UC Berkeley School of Law
Helen Kang
Director
Eavironmental Law and Justice Clinic
Golden Gate University School of Law
Charles I. Auffant
Clinical Professor of Law
Rutgers University School of Law
Randolph N. Stone
Clinical Professor of Law
University of Chicago Law Schoo!
Jayesh Rathod
Professor of Law, American University
Washington College of Law
hire Raj, Assistant Professor of Law,
University of South Carolina School of Law
Anita Sinha, Assistant Professor of Law, American
University, Washington College of Law
‘Tirien Steinbach, Executive Director, East Bay
Community Law Center, UC Berkeley School of Law
Derrick Howard, Associate Dean for Experiential
Learning, Valparaiso University Law School
Donna H. Lee, Professor & Interim Associate Dean
of Clinical Programs, CUNY School of Law
Vida B. Johnson
Visiting Associate Professor of Law
Georgetown Law
‘Meghan Gordon, Attorney and Clinical Supervisor,
East Bay Community Law Center;
UC Berkeley School of Law
Eduardo R.C, Capulong
Professor of Law
University of Montana
Ragini Shah
Clinical Professor of Law
Suffolk University Law School
Catyn R. Mitchell-Munevat
Clinical Professor
New England Law| Boston
Canwina Weng
Clinical Professor of Law
Indiana University Maurer School of LawAyesha Bell Hardaway
Assistant Professor of Law
Case Western Reserve University
School of Law
Karla McKanders
Associate Professor of Law
University of Tennessee, College of Law
Alexis Karteron
Assistant Professor of Law
Rutgers Law School
Theresa Zhen, Attorney and Clinical
Supervisor; East Bay Community Law
Center; UC Berkeley School of Law
Michael Pinard
Professor of Law
University of Maryland
Francis King Carey School of Law
Carl Warren, Visiting Professor
University of St. Thomas
School of Law
Bryan Adamson
Associate Professor of Law
Seattle University School of Law
Rosa Bay
‘Managing Director and Clinical
Supervisor; East Bay Community Law
Center; UC Berkeley School of Law
Jon C. Dubin
Professor of Law, Alfred C. Clapp
Public Service Scholar, and
Associate Dean of Clinical Education
Rutgers Law School
‘Marisol Orihuela
Visiting Clinical Associate Professor of Law
Yale Law School
Daniel Paessler, Attorney and Clinical
Supervisor, East Bay Community Law
Center; UC Berkeley School of Law
Jaime Alison Lee
Associate Professor
University of Baltimore School of Law
Fanna Gamal, Attorney and Clinical
Supervisor; East Bay Community Law Center
UC Berkeley School of Law
Linda Tam, Director, Immigration Clinic
East Bay Community Law Center;
UC Berkeley School of Law
Deborah N. Archer
Professor of Law
New York Law School
Tracey McCants Lewis
Assistant Professor
Duquesne School of Law
"Tiffany Sizemore“Thompson
Assistant Clinical Professor
Duquesne School of Law
Komal Vaidya
Clinical Teaching Fellow
University of Baltimore School of Law
Sunita Patel
Practitioner in Residence
American University, Washington College of Law
Wilbert I, Watts, Jr
Co-Director, Veteran Legal Services Program
UCLA School of LawPriya Baskaran
Associate Professor
West Virginia University College of Law
Jyoti Nanda
Binder Clinical Teaching Fellow
UCLA School of Law
Gemma Solimene
Clinical Associate Professor of Law
Fordham University School of Law
Bumi K. Lee
Clinical Professor of Law
UC Hastings College of the Law
Enel.
Ce: By Registered and Electronic Mail
Paul Marcus, President, AALS
Janet ‘Thompson Jackson
Professor of Law
‘Washburn University School of Law
Renée McDonald Hutchins
Co-Director of the Clinical Law Program
Jacob A. France Professor of Public Interest Law
University of Maryland Francis King Carey
School of Law
Llealie Green Coleman
Associate Professor of Law
American University Washington College of Law
Judith Arcen, Executive Director & CKO, AALS