Legal Scenario Issues - Essay Example

Moreover in the wake of the 9/11 attacks and the unleashing of violence against Arab Americans, the Patriot Act which was formulated in Section 102, clarifies that Arab Americans are important to the economy of the United States and are entitled to full civil rights, just like any other citizen (USA Patriot Act, Title I). This was also stated under the Concurrent resolution of the U.S. Congress dated September 12, 2001, which was issued in the aftermath of the September 11 attacks, and which stated under section 2  that acts of violence and discrimination against Arab Americans are to be condemned (www.aai.3cdn.net).

Moreover, the hotel is a place of business, and protection for its unhindered activities will be provided under Article I, 8, clause 3 of the Constitution, which allows Congress the power "[t]o regulate Commerce . . . among the several States"  with the backup power to enforce this provision through laws being provided under article 18.

Therefore, if DWI tries to introduce any policy against Arab Americans to prevent them from visiting, etc, then they could be liable for legal action on the same basis as hotel owners in two other cases were held to be guilty of engaging in discriminatory conduct (Atlanta Hotel v U.S, Katzenbach v McClung. It would be possible for the Arab American guests to invoke any of the provisions above to bring suit against DWI, hence the Company needs to make adequate arrangements for the protection of its guests. Apart from this, it is also likely that DWI will lose a great deal of business from the loss of its Arab American customers.

However, DWI can also approach the courts for emergency protection for its premises in the wake of the bombing threats, including Federal Government agencies to provide increased numbers of security personnel to protect its premises. It can also approach the local Governments to pass emergency laws that will impute criminal liability upon those who indulge in violent or discriminatory acts and/or interfere with the activities of commerce that are being carried out there.

The Federal Government in particular, has the power under the Commerce Clause of the Constitution, to frame new laws (Article 18) where necessary, to ensure that commerce is regulated. Therefore, it will be necessary for DWI to actively seek to protect its premises through any means possible and to ensure that its customers can move freely despite their being Arab Americans. DWI can also consider taking out radio or TV advertisements to appeal to the members of the public to refrain from any activities against Arab Americans since they have also been accorded the same protection under the Constitution of the United States as that will is accorded to any other citizen. Read More