From the earliest times, thieves and robbers often subjected
travelers to attacks. Outside of walled cities and castles travelers could
usually find shelter and protection only in wayside inns. From this practice
grew the principle that innkeepers were responsible for providing their
guests not only food and lodging, but also security and protection against
criminal attack.
While the duty of innkeepers to protect their guests is somewhat different
today than it once was, lodgings, including gaming casinos often with attached
or integrated hotels, still owe a responsibility to their guests and other invitees.
And guests continue to be at risk today! Criminals often look at lodgings as
attractive targets filled with unsuspecting potential victims, most of whom will
leave town soon after being robbed or victimized.
In most states the legal responsibility owed to their guests by lodging management
requires the operator to "exercise reasonable care" in identifying
potential crime risks, and to take reasonable measures to prevent those crimes,
or to warn guests against them. In general, the greater the likelihood
of future crime or injury, the greater the innkeeper's responsibility to defend
or warn against it.
Foreseeability
Determining what crime is "reasonably foreseeable" requires a thorough
review of the facts in each particular case. Some states use the "prior
similar crimes" test, which analyzes previous crimes on the property.
How similar the crimes must be and how recent their prior occurrence are
matters usually determined by the judge in each case.
Other states use the "totality of the circumstances" standard, which
examines other factors in addition to any prior similar crimes on the property.
Such factors can include:
Nature and operation of the facility:
For example, gaming casinos by their nature invite guests to bring large
amounts of cash. Security for a roadside inn has some different considerations
than a resort facility that attracts more affluent vacationers, typically to
a larger, more spread-out property.
Location of the lodging facility:
Some cities have higher crime rates than others, and within most all cities
some areas have higher crime rates than the average for that city. Being
located in or near one of those "high crime" cities or areas may
increase the crime risk to a specific lodging property.
Actual past crimes on the property:
These are frequently one of the best means of predicting future crimes, since
what has occurred already is likely to recur if changes in security or other
conditions haven't been made.
Security problems created by
the facility's design or layout, for example, "blind spots," where
criminals may loiter or hide, and broken lines of sight that reduce visibility
by staff and guests. Both problems may increase specific crime risks.
Shrubs, bushes and low-hanging
trees may offer hiding places when not trimmed.
Alcoholic beverage service on
the property: Alcohol not only tends to reduce inhibitions, but it also reduces
alertness and wariness — a situation many criminals like to exploit.
Crimes at similar nearby properties.
While properties generally compete against each other for business, they
should be cooperating in the common fight against crime. The type of crime
that occurs on one property usually occurs or impacts all similar nearby
properties.
Many other factors may also be applicable to assessing crime foreseeability,
and many are specific to a given property and its unique operation or to its
surrounding area. A professional security consultant can help management identify
them.
Reasonable Security
Almost any lodging facility, depending on its location and the nature of
its operation, should utilize some or all of the following security measures:
Screening and background checks of employees: This is
a basic step for all lodging security. Many lodging employees have some
access to guestrooms and guest belongings, or to confidential information
about the guests or about inn security. If the staff is untrustworthy,
most other security measures will fail.
Adequate doors and locking hardware — the
most basic of precautions. If the guest room door, its frame and its
hardware are insufficient to resist moderate force — guests are at
risk. Doors should be solid-core wood or metal. Likewise, providing appropriate
locking devices is crucial. The standard, especially in larger lodgings,
is evolving toward the use of electronic locks that can (and should)
be changed immediately when a guest departs or a key is reported lost.
Where traditional metal keys are used, an effective key control and monitoring
program is essential. All guestroom entry doors should be equipped with
a minimum of two locks, one of them a dead bolt, and should be self-closing
and self-locking. Entry doors should be equipped with a wide-angle
peephole viewer in the door. A window adjacent to the door that permits
viewing of visitors before opening the door will serve the same purpose.
Sliding balcony-type doors should be equipped with secondary locking
devices, such as a "charley
bar" and a through-the-door pin to prevent lifting the door from its
track.
Appropriate levels of lighting for all areas of risk,
including parking lots and garages. Many criminals prefer to commit their
crimes in darkness, thus avoiding detection, possible identification,
and incarceration. See related article: Parking
Lot and Garage Security.
Appropriate lines of sight. Shrubs, which often provide
concealment or interfere with lines of sight, should be not higher than
18 inches above ground. Tree branches should be trimmed so that they
hang not lower than eight feet above the ground. Doing so enhances employees'
ability to see, and guests are more able to perceive potential dangers
at a distance.
Appropriate security equipment, such as cameras and alarms.
Depending on their size, layout, staffing and crime risk, properties
may utilize security equipment to supplement manpower. Management should
not only select and install appropriate equipment for the tasks, but
it must also maintain it and promptly repair it if it fails.
Appropriate
staffing for security duties. In small properties, a night clerk monitoring
the lobby and front desk may be all that is necessary, although some
locations may require bullet-resistant materials for the clerk's protection,
depending on the risk of armed robbery. In larger or more spread-out
properties, or those with certain crime histories or risks, patrols by
in-house or contract security officers may be required to monitor activities.
By their observable, uniformed presence, such officers also act to deter
criminal offenders. Note that doors leading to the interior of lodgings
should usually be locked and/or monitored to control access during hours
of darkness or reduced staffing.
Appropriate training for staff. Security
is the responsibility of all staff members; however, they can't perform
that duty unless they are trained and made individually responsible for
it. This is especially true of those who have specific daily security
duties, such as managers and supervisors, front-desk clerks, bellhops
and security personnel. But maids, maintenance personnel, servers and
others should have clear reporting or other security duties spelled out
in their job descriptions. It is important that such duties be spelled
out not only in the individual's job description, but, most importantly,
also in their performance evaluation. That which is monitored and graded
tends to get done!
Appropriate record-keeping. Maintaining records reflecting
adherence to security procedures is critical for management to detect
deviations from procedures, make corrections, and defend against future
claims of negligent security. As one federal agency is fond of saying
about training, "If
it wasn't documented, it didn't occur." Security
incidents should always be documented so that management can review the
issues and take appropriate corrective actions.
Periodic risk assessments
by management. To know its risks and effectively plan to manage them,
management of any facility should periodically assess not only its own
crime experience, but also that of similar nearby lodgings (or casinos,
or resorts), and any actual or potential changes impacting its operation.
For example, is the property attracting more female business travelers
or airline flight crews, either of which may be attractive targets for
thieves or sexual predators? Or, is the property planning to host a jewelry
trade show, or is it hosting increasing numbers of foreign visitors who
may be unfamiliar with the local area, its customs, language, and its
crime? All these factors and more can change the crime risk for
a lodging facility.
Gaming Casinos
Casinos often appear to have dozens or even hundreds of cameras protecting
their guests; however, in many cases the majority of those cameras are
utilized (by law) only to ensure the integrity of the games, not for general
security purposes. As a result some customers may be lulled into a false sense
of security. To be effective and reasonable, a casino property must provide
security for both the games and its business invitees (customers).
Because of the actual or perceived availability of "easy money," casinos
pose special security risks. Additionally, the availability and consumption of
large amounts of alcoholic beverages, which in many cases are "free," increase
those risks. Not only do alcoholic beverages tend to reduce inhibitions in some
people, but they also tend to lessen their alertness and their awareness of potential
crime or assault. Being in strange surroundings away from their familiar environment,
they are more likely to become crime victims.
Casino management should devote adequate attention to securing all areas of the
casino and its services. For example, garages and parking lots are favorite stalking
areas for robbers, rapists and carjackers. See related article: Parking
Lots and Garage Security. Dimly lit walkways to remote housing units, and
isolated unmonitored hallways are also favored stalking and assault locations.
Because of the heightened risks and the many venues in which they will have to
operate, security officers and guard forces should be screened and trained to
a much higher level than most security personnel. They should be certified on
any weapons they are authorized by management to carry or use; should be trained
in non-lethal force; trained in customer relations; and trained in techniques
for verbally defusing situations before they become violent. Casinos, by their
very nature, tend to attract criminals. Because of their increased crime risk,
guard staffing should be higher in casinos than in stand-alone hotels or nightclubs.
Prepared management, coupled with sufficient visible and adequately trained security
personnel, can help prevent casinos from becoming a "crime hot spot."
This article cannot hope to cover all aspects of retail lodging and casino security.
It was written to provide the reader with a starting point in assessing crime
risks to his or her lodging property. It also provides an overview of those basic
security measures needed to counter such risks and reduce potential liabilities.
Readers desiring additional information on these or related subjects
should contact a qualified professional security consultant and/or their
attorney.
Disclaimer:
This article is based on generally accepted security principles, and on data
gathered from what are believed to be reliable sources. This article is written
for general information purposes only and is not intended to be, and should
not be used as, a primary source for making security decisions. Each situation
is or can be unique. The author is not an attorney, is not engaged in the
practice of law, and is not rendering legal advice. Readers requiring advice
about specific security problems or concerns should consult directly with
a security professional. The author of this article shall have no liability
to any person or entity with respect to any loss, liability, or damage alleged
to have been caused by the use or application of any information in this article,
nor information contained on this or any linked or related web site.