S.J. v. Choice Hotels Int'l, Inc.

S.J. v. Choice Hotels Int'l, Inc.

Opinion

 [*150]  MEMORANDUM DECISION [**2]  AND ORDER

COGAN, District Judge.

Plaintiff brings this action under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ("TVPRA"), 18 U.S.C. § 1595; New York Social Services Law § 483-bb; and state negligence law, alleging that each of the defendants "knowingly benefited from facilitating a venture that they knew, or should have known, to be engaging in sex trafficking" at plaintiff's expense. Defendants Choice Hotels International, Inc., Wyndham Hotels & Resorts, Inc., and Howard Johnson International, Inc. move to dismiss the complaint as to them for failure to state a claim upon which relief can be granted. For the reasons set forth below, these defendants' motions to dismiss are granted for all claims but the one for negligence.

BACKGROUND

According to the second amended complaint, Plaintiff was trafficked for commercial sex for three years, beginning at the age of ten. The identities of the traffickers are neither provided nor relevant in this proceeding. At issue in this case are only the owners/operators of the individual hotels where the sex trafficking took place, and the franchisors/corporate brand owners of those same hotels.

Each defendant in this case is associated with one of two hotels operating [**3]  in New York City, where plaintiff alleges she was primarily trafficked: an Econo Lodge in the Bronx ("Bronx Econo Lodge") and a Howard Johnson Inn in Queens ("Queens Howard Johnson")¹:

Defendant Choice Hotels International ("Choice Hotels") is a hotel brand owner that franchised the Econo Lodge brand to the Bronx Econo Lodge. Choice Hotels neither owns nor operates the Bronx Econo Lodge, but is alleged to control its training and policies as a condition for use of the brand name. Moreover, Choice Hotels receives a percentage of the gross revenue generated by the Bronx Econo  [*151]  Lodge's operations, including from the rates charged on the rooms where plaintiff was trafficked.

Defendant Wyndham Hotels & Resorts, Inc. ("Wyndham") is likewise a hotel brand owner which, under its corporate umbrella, owns the separate Howard Johnson International, Inc. ("Howard Johnson, Inc.") hotel brand. In turn, Wyndham and Howard Johnson, Inc. franchised the Howard Johnson brand to the Queens Howard Johnson. Wyndham controls the training and policies for the Queens Howard Johnson and both Wyndham and Howard Johnson, Inc. are alleged to receive a percentage of the gross revenue generated by the Queens Howard [**4]  Johnson's operations, including from the rates charged on the rooms where plaintiff was trafficked.

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