Gawzner Corp. v. Minier

In Gawzner Corp. v. Minier (1975) 46 Cal.App.3d 777, the court held that a statute regulating the content of outdoor rate advertising by motels but not hotels violated equal protection and could not be enforced. (Id. at p. 791.) The proffered justification for the distinction was that hotels do not seek the business of the motoring public and therefore have no need to display rate signs to appeal to passing motorists. (Id. at p. 790.) The court rejected this reasoning as "patently untrue in California in the year 1975." (Ibid.) According to the court, "Just as motels have expanded their services to compete with hotels, hotels have added parking facilities to compete with motels." (Ibid.) The court concluded that although a hotel is obviously different from a motel in terms of size, diversity of services, and facilities, they both "rely to a large degree upon the motoring public for business." (Id. at p. 791.) Thus, "with respect to the avowed purpose of the statute, hotels and motels are similarly situated." (Ibid.)