United States Supreme Court

In a case brought by motel operators and a lodging association challenging Los Angeles Municipal Code section 41.49, which requires hotel operators to record and keep specific information about their guests on the premises for a 90-day period and to make such records available to any officer of the L.A. Police Department for inspection, and which punishes a hotel operator’s failure to make the records available as a criminal misdemeanor, section 11.00(m), the Ninth Circuit's judgment in favor of plaintiffs is affirmed where: 1) facial challenges under the Fourth Amendment are not categorically barred or especially disfavored; and 2) section 41.49(3)(a) is facially unconstitutional because it fails to provide hotel operators with an opportunity for precompliance review.

Appellate Information

• Decided 06/22/2015
• Published 06/22/2015

Judges

• SOTOMAYOR

Court

• United States Supreme Court

Counsel