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Hotel in possible human rights breach

Tim Marshall

A hotel may find itself in hot water over its decision to axe two talks by a same-sex marriage opponent, according to one of the Island’s leading human rights lawyers.

Tim Marshall, of Marshall Diel & Myers, told The Royal Gazette he believed Hamilton Princess, Bermuda was in breach of the Human Rights Act 1981 for refusing to host the free public forums featuring American right-wing commentator Ryan Anderson.

A group going by the names Preserve Marriage and Concerned Citizens of Bermuda organised the talks for next week but Hamilton Princess general manager Allan Federer said on Wednesday that the subject matter wasn’t disclosed at the time of booking.

He said Hamilton Princess would not be a “venue for anti-diversity discussions” — prompting Preserve Marriage to claim that banning the presentations violated the “definition and practice of diversity in every form”.

Mr Marshall said: “In my opinion, any hotel in Bermuda that refuses to permit a booking because of a customer’s religious or political opinions would be in breach of section five of the Human Rights Act.”

The legislation bans discrimination in the supply of any goods, facilities or services because of religion, belief or politics, among other things.

Preserve Marriage has not said if it will file a complaint with the Human Rights Commission, but did say it was denied “goods and services” and would seek “immediate redress”.

Mr Marshall said he believed the hotel made a mistake and should have allowed Dr Anderson, a member of the conservative American think-tank the Heritage Foundation, to speak on the premises.

“Because a hotel is a public place you shouldn’t prevent, as a hotel owner, the free expression of ideas for those people who wish to book a meeting room,” said Mr Marshall.

“Obviously, we are not going to let the white Aryan Nation make a discussion but if you are having a discussion on a topic relevant to the public at large, I don’t think it’s right for the hotel to make a decision and say ‘No, we are not going to allow that discussion to take place because we personally believe the position should be in favour of the broader perspective of marriage’.”

Another lawyer with human rights expertise, who asked not to be named, agreed. “I do think the Princess has got a problem. What you ask yourself is whether opposing same-sex marriage is a political opinion. As far as I am concerned, any fool can see that [it is].”

But another lawyer who has chaired boards of inquiry under Bermuda’s Human Rights Act disagreed. Paul Harshaw, of Canterbury Law, said: “I don’t believe Hamilton Princess has done anything wrong. The whole thing is rather unfortunate.

“Preserve Marriage must have the same rights to promote their view as any other group but owners of private property must have the right to refuse the use of their property by groups with whose views they fundamentally disagree.”

Preserve Marriage insisted that Hamilton Princess was “fully informed that the venue and arrangements were being made for and on behalf of Preserve Marriage”.

Mr Harshaw said the phrase “on behalf of” was key because it suggested the booking could have been made under a different name.

He said if that was the case then the hotel was on “perfectly good ground” to cancel the booking. “If, as a matter of policy, they never would have booked the room had they known, then I think they are on very solid ground.”

It was not possible to reach anyone from Preserve Marriage yesterday.

A Hamilton Princess spokeswoman said: “The hotel isn’t going to comment on this.”

HRC chairman Michael Hanson declined to comment and executive director Lisa Reed did not respond to an e-mailed query as to whether Preserve Marriage had filed a complaint.

•Mr Anderson’s talks will now take place on December 1 and 2 at 7pm at the New Testament Church of God, Heritage Worship Centre, 59 Dundonald Street, Hamilton

Paul Harshaw