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A BALLOT MEASURE in Los Angeles that would have required hotels in the city to house the homeless along with paying guests has been officially withdrawn from consideration. However, the Los Angeles City Council also passed an ordinance to replace the ballot measure that some local hoteliers also protest its passage. The ballot measure, sponsored by Unite Here Local 11 hospitality workers union, would have required hotels to house homeless voucher holders with regular guests, spurring protests by AAHOA, the American Hotel & Lodging Association and others. Last week, Unite Here agreed to withdraw that ballot measure, which was going to go before voters in March. Also last week, the council approved the Responsible Hotel Ordinance to replace the ballot measure and that would allow hotels to voluntarily make vacant rooms available for interim housing for the homeless. It also would require developers of new hotel properties to obtain a conditional use permit through a public review of the proposed development's impact on the existing housing supply and to replace any housing that would be demolished or otherwise lost in the neighborhood.

CHOICE HOTELS INTERNATIONAL is continuing its bid to acquire Wyndham Hotels & Resorts after twice being rejected by Wyndham's board of directors. Now Choice has launched an exchange offer "to present its compelling proposal directly to Wyndham shareholders" and plans to nominate its own candidates for Wyndham's board. However, Wyndham's board continues its refusal to accept the offer, saying it remains substantially the same as the last bid it rejected and does not address the board's concerns about the deal's regulatory viability and benefits to stockholders. It also said in a statement that Choice currently owns less than 1.7 percent of Wyndham common stock and is "restricted from further purchases without antitrust approval."

WYNDHAM HOTELS & RESORTS' board of directors has officially advised the company's shareholders not to support an exchange offer from Choice Hotels International to acquire Wyndham. The offer is "insufficient" and prone to regulatory risks, the board said. Choice announced its latest offer directly to Wyndham stockholders last week. At that time, Wyndham's board said at that time that it would review the offer, though it also said it appeared to be the same as the original offer it rejected in November. On Monday, the board released its official statement rejecting the latest offer. "Choice has, once again, failed to address the major value gap and risks of their offer - which remains virtually unchanged from the terms outlined in their previous unsolicited proposal," said Stephen Holmes, chairman of the board. "The core issues we have articulated remain the same: a likely prolonged regulatory review period of up to 24 months with an uncertain outcome; the pure inadequacy of the offer from a valuation standpoint, including the significant equity component of Choice stock; and the lack of consideration for Wyndham's superior, standalone growth prospects."

SPONSORS AND SUPPORTERS of the proposed Richard L. Trumka Protecting the Right to Organize Act of 2023 say it is needed to protect the rights of workers to organize under labor unions. However, the American Hotel & Lodging Association and others claim the PRO Act puts an undue burden on small businesses, including hotels. The PRO Act would authorize penalties against employers that interfere with employees' efforts to organize, according to Democratic Rep. Robert "Bobby" Scott of Virginia, one of the co-sponsors of the bill. Also, the bill would facilitate collective bargaining agreements, close loopholes that allow employers to misclassify employees as supervisors and independent contractors. Other aspects of the PRO Act include protection for employees that experience retaliation for trying to organize a union, ensures that workers can collect "fair share" fees and authorizes a private right of action for violation of workers' rights. It also prevents employers from interfering in union elections or holding captive audience meetings. "Regrettably, for too long, workers have suffered from anti-union attacks and toothless labor laws that undermined their right to form a union," Scott said. "As a historic number of Americans put their support behind labor unions, Congress has an urgent responsibility to ensure that workers can join a union and negotiate for higher pay, better benefits, and safer workplaces."

CHOICE HOTELS INTERNATIONAL ended its bid to acquire Wyndham Hotels & Resorts after its exchange offer expired Friday. Both companies released statements saying they will now focus on their standalone strategies. Choice also announced that it would withdraw its nominees for Wyndham's board of directors. Last week it made a last effort to encourage Wyndham shareholders to tender shares for the acquisition but still failed to gather sufficient support for the deal. "Since beginning this process in April 2023, Choice has attempted to engage in good-faith negotiations with Wyndham through numerous different avenues, including increasing the proposed offer multiple times and expressing an openness to further enhancing the offer with due diligence, offering a one-way NDA to share its confidential information with Wyndham, and offering above-market regulatory protections," the company said. "Given Wyndham's refusal to constructively and substantively engage on terms, Choice took the extraordinary step of launching the exchange offer to initiate the regulatory review process and engage with Wyndham stockholders. While the support from Wyndham stockholders tendering into the exchange offer was significant considering the number of investors structurally prevented from participating at this stage, it was not sufficient for Choice to conclude - particularly when taking into account the Wyndham board's obvious continuing disinterest in a combination - that a path towards a transaction is available at this time."

THE PROPOSED FRANCHISE reform legislation in New Jersey that has driven a rift between AAHOA and several large hotel companies has stalled in the state's legislature. AAHOA said it was misinformation that delayed the bill's passage, while the American Hotel & Lodging Association said the bill "would have destroyed the hotel industry's franchise model." It will return Assembly Bill 1958 would make changes to the New Jersey Franchise Practices Act that could benefit the hospitality industry, AAHOA said previously. Specifically, the changes include restricting non-competes for longer than six months; prohibiting requiring a relocation or capital investment greater than $25,000 more than once every five years unless hotel franchisers can establish a return on the investment; requiring a franchiser that receives "any rebate, commission, kickback, services, other consideration or anything of value" to fully disclose them to the franchisee and turn them over to the franchisee; putting restrictions on mandatory sourcing of goods or resources; and prohibiting suspending, restricting or preventing access to franchise services.

SALEM, OREGON, RECENTLY changed its plan to use transient lodging tax funds for library funding gaps. AAHOA and the Oregon Restaurant & Lodging Association have been closely monitoring the municipality's attempts to divert the protected revenue from its intended purpose, promoting tourism. Instead, the city will use funds from the American Rescue Plan Act. Hotel taxes diverted from tourism could diminish funding for year-round visitor attraction efforts, AAHOA said in a statement. "AAHOA and ORLA were proactive in ensuring appropriate use of the transient lodging tax in the city of Salem," said Taran Patel, AAHOA's Northwest regional director. "This is a great example of the importance of AAHOA members being active in advocacy at the local levels of government."

NEW YORK CITY Council members recently introduced a bill requiring hotels to obtain additional licenses to operate in the city. However, the American Hotel & Lodging Association called the bill "destructive," warning it would permanently alter hotel operations and threaten thousands of jobs in the city. The bill's sponsors claim it addresses several issues, including prohibiting hotels from using subcontractors for core functions, adopting minimum hygiene standards and committing to policies to prevent prostitution and human trafficking. AHLA urged the council to slow down on the proposed licenses, noting they would decimate the hospitality economy. "This abrupt and destructive bill would permanently alter how hotels operate and threaten the jobs of thousands of New Yorkers," said Kevin Carey, AHLA's interim president and CEO. "If it becomes law, thousands of hotel jobs could be lost, hotels will shutter, and New York City's economy - especially small business retailers, restaurants, and other hotel service providers - will suffer substantially."

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