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Can hotels legally prohibit children?
Spring break is a temporary start, and summer break isn’t too far away, which has baffled a wide range of California travelers. And the answer is complicated.
The issue has announced that Encinitas’ Alira Malea Beach Resort, part of the Hyatt Hotel Empire, will be excluded from children as overnight guests, and will become a self-proclaimed “an adult-only oceanfront resort in Southern California.”
The move on the well-known beachfront properties sparked debate over state law and hotel obligations, turning to other California hotels that exclude children. In the Palm Springs area, Colony Palms, Fleur Noir, Ingleside Estate and La Maison Palm Springs are one of the accommodations their website says are adults only. The whiskey hotel, which opened in Hollywood on March 12th, will be promoted as well.
“Because that’s something like our vision,” said Alan Esparza, general manager of the whiskey hotel, noting the adult vibe in the hotel’s Hollywood neighborhood. Still, in a pinch, Esparza said, “We make exceptions.”
The focus of the conversation is Section 51 of the state’s civil law, widely known as Unruh Act, designed to prevent discrimination due to race, religion, sexual orientation and ten other “protected characteristics.” Lawyers, industry veterans and consumer advocates cite this when they argued that it was illegal to ban children from hotels.
However, Section 51 does not designate age as a protected attribute, and state officials allow car rental companies to refuse rentals to drivers under the age of 25.
Alira Marea Beach Resort in Encinitas.
(Alilamarea Beach Resort)
Asked if it’s legal for California hotels to ban children, a representative from the state’s Civil Rights Office said in an email that “applications for age discrimination laws depend on certain facts and circumstances.” The state attorney general’s press was just as vague as “we cannot provide legal advice or analysis.” Neither agency cited legal precedents or previous cases.
Until state officials become more clear, families should be careful to check hotel policies before booking, until they propose by industry veterans and consumer advocates. That may mean talking to a booking agent before booking online.
“I think it’s really a problem” to ban children. “We’re looking forward to seeing you in the world,” said Jamie Court, president of Los Angeles-based ConsumerWatchDog.org. The hotel is “a place of public accommodation and you discriminate based on your family status.”
The court’s view states, “Someone can sue, but if the hotel does not retreat after the warning, it should be the Attorney General who will go to court, and that should write a letter of warning from the Attorney General.
California Hotel & Lodging Asun is a handout for 2023 to members. The Unruh Act warns the Hotelis that “prohibits hotels from discriminating against minors based on their age,” and “suppose that some accommodations have the right to refuse accommodation, as some young children and other minors may engage in inappropriate conduct. This is a dangerous misconception.”
Even when minors are not accompanied, the association wrote that “it is illegal to have comprehensive policies.” However, the association said that hotels can “refuse to deal with the individual child and their parents” if there is “just cause.” A spokesman for the association declined to comment on any particular cases.
Another industry veteran surprised by the situation is Laurie E. Sherwood, a partner at Walsworth, an Irvine-based law firm. “My first gut level response is that the hotel is a place for public accommodation,” Sherwood said.
Many California hotels cleverly craft the problem by restricting children’s access without banning them. Some hotels like River Lodge Pasolo Bulls officially welcome children, but ban anyone under the age of 21 from the pool and hot tub. Other hotels, such as the Big Sur’s Elite Post Ranch Inn, have limited occupancy to two people per room.
Even in vacation rental facilities, families may find mixed messages. Airbnb’s non-discrimination policy prohibits US hosts from banning children or “charges for guests of a certain age.” However, Airbnb hosts often describe their property as “inappropriate” for children under the age of 12.
General Manager Richard Sorensen did not respond to a request for comment at Alira Marea Beach Resort in Encinitas, which recently banned children. Alila Chain, a high-end, international sub-brand, also includes hotels from Big Sur (“adult-only experiences reserved for ages 18 and above”) and Napa Valley (who said reservations are theoretically permitted, but all rooms and suites are restricted to two residents).
Meanwhile, some consumers are taking them to social media to talk about how children can ruin the hotel experience. A Reddit user Wowowlo goes to commented in a thread on the topic, “Kids are just loud, messy, and don’t belong to a 5-star hotel. We should be able to have facilities that separate them.”
Beyond California, many destinations allow hotels to ban children. Sandal resorts, all located in the Caribbean, outside the US, have made the children’s absence an important part of their identity.
“We’re looking forward to seeing you in the future,” said DC Vekic, president of Northridge’s Cosmopolitan Travel.
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