U.S. Supreme Court justices on Tuesday appeared unsure over how to resolve a privacy rights challenge by hotel operators to a Los Angeles city ordinance, intended to deter crimes including prostitution, that lets police view guest registries.
The court heard a one-hour oral argument over an appeal brought by the city after the San Francisco-based 9th U.S. Circuit Court of Appeals struck down the ordinance in December 2013.
The city calls the law crucial to efforts to reduce criminal activity especially in so-called "parking meter motels" that charge by the hour and are often used for prostitution and other crimes.
Hotel operators challenged the law, saying it violated their privacy rights under the U.S. Constitution's Fourth Amendment.
Some justices appeared supportive of the city, while others were more sympathetic toward the hotel operators. Justice Anthony Kennedy, who often casts the deciding vote in close cases, said he was "just puzzled by this case" when questioning the hotel owners' lawyer, Thomas Goldstein.
But, in a sign he had some skepticism about the challengers' argument, Kennedy noted that hotel owners have been subject to government regulation for centuries.
Justice Sonia Sotomayor signaled that she saw a problem with the ordinance under the Fourth Amendment, which restricts unreasonable search and seizures. The ordinance makes records available for inspection by the police department at any time, without a warrant.
Sotomayor noted that if police are concerned about criminal activity, there are "a whole lot of law enforcement techniques that could be used" that would not require viewing the records.
The hotels did not challenge another part of the ordinance, which requires hotel and motel operators to collect and maintain a detailed list of information on each guest including name and address, car model, license plate number and method of payment.
Lawyers for the city said its ordinance and dozens of others like it around the United States are vital tools for law enforcement when investigating such issues as prostitution, gambling and even suspected militant activity.
A ruling is due by the end of June.
The case is City of Los Angeles v. Patel, U.S. Supreme Court, No. 13-1175.
