Litigation Trend: Florida Hotels Sued Over Human Trafficking
Florida is among the top states in the country for the commercial sexual exploitation of children, according to the complaint.
July 10, 2020 at 03:30 PM
4 minute read
A lawsuit filed late Thursday evening in federal court in Florida reflects a growing litigation trend: a move under federal law to assign liability to businesses used in human trafficking.
The complaint has accused a Broward County hotel company of being complicit in the trafficking and sexual exploitation of a minor, and is seeking to hold it financially accountable.
Justin D. Grosz, a partner at Kelley Kronenberg's Fort Lauderdale office and a leader of the firm's Justice for Kids division, accused Hotel Motel Inc. of profiting from the sexual exploitation of then 17-year-old Lynn Doe, under the Trafficking Victims Protection Reauthorization Act.
Amended in 2008, Grosz said victims could sue the trafficker and "those who know or should have known what was going on."
The complaint was filed in the U.S. District Court for the Southern District of Florida. It stated that Florida is among the top destination for the commercial sexual exploitation of children.
And more victims are filing civil lawsuits, including one filed in Southwest Florida this year.
In that litigation, two victims are seeking $100 million from 22 hotels, accused of being aware of human trafficking on their premises, but doing nothing to stop it.
Now, Grosz said a federal judge would determine if Hotel Motel should be financially held accountable.
The complaint stated that Hotel Motel was on notice that there is a systematic problem in the hospitality industry related to the human trafficking of minors. It alleges Hotel Motel was aware that sexual exploitation was prevalent in Broward County and within the vicinity of its establishment, The Lafayette Motel.
Jai and Jessica Motwani own Hotel Motel. They are related to the Motwani family that owns the real estate development firm, Merrimac Ventures, but despite having the same last name, Hotel Motel has no financial connection.
An attorney for Hotel Motel did not respond to a request for comment.
The complaint stated that Hotel Motel was required to educate and train its employees, and develop policies and practices to prevent human trafficking.
The victim, who was living in a foster care shelter before she was sold to a sex trafficker in 2012, moved to Lafayette because it was the base of the operation, according to the court pleading.
The traffickers were referred to as subjects one, two and three in the complaint, which said they advertised Doe online by taking photos of her in one of the Lafayette rooms.
The traffickers forced Doe to perform commercial sexual acts with between 15 and 20 men each day, the lawsuit claimed.
The complaint claimed Doe, who was allegedly drugged, was constantly meeting with these men on the premises in the direct "observation and supervision" of the general manager and other employees.
Read the complaint:
The complaint also alleged the general manager had sex with Doe in his room at Lafayette, as well as in rooms rented by two of the alleged traffickers.
Meanwhile, law enforcement was actively looking for the missing minor, and the general manager, when questioned by law enforcement, claimed the minor was no longer there, the pleading claimed.
Grosz, however, has maintained contact with his client and has disclosed her location to law enforcement.
Grosz said the implications and application of the Trafficking Act is not just for hotels, but group homes where foster kids in the welfare system are vulnerable.
"If you go after the traffickers, you can also go after those who were complicit or financially benefiting, and we are going to do that," Grosz said. "We had enough of our kids being trafficked. It's time to clean that up and protect them."
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