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A luxurious resort in northern San Diego County has recently begun banning guests under the age of 18 from staying overnight to create “quiet” experiences for adults.
The move at Alira Malea Beach Resort in Encinitas city raised the question of whether making hotels “adult-only” could violate California’s civil rights law, which ensures equal access to businesses and public accommodations.
The hotel said on its website that the policy, which came into effect on February 14, aims to create experiences ” tailored to adult travelers seeking relaxation, exploration and peaceful stays on the beach.”
It reflects other Alira Marea properties around the world, including two in California, and accommodates only adults on-site. However, a resort spokesman said the children are welcome to attend on-site events and eat at restaurants.
This policy is not unique among the short-term accommodations in San Diego County. Countless hostels have age restrictions. There are also major resorts such as Vista Health Spa Hotel and two major casino resorts, Sycuan and Viejas.
So is the policy of Alila Marea Beach Resort legal? Experts say it depends.
California has broad protection against discrimination by businesses under the 1959 Act, known as the Unruh Civil Rights Act. The law prevents businesses from enforcing policies that arbitrarily deny equal access to services based on human characteristics such as race and gender.
The illegal policies could be similar to treating patients diagnosed with HIV, hosting “ladies night” discounts at bars, or to prevent people with service dogs from entering the store, according to the state’s Civil Rights Office.
That’s not to say that businesses must serve everyone. Legal experts explain that in order to limit business to a subset of the public, there must be legitimate and non-discriminatory reasons or persuasive social interest.
Examples offered by state officials include car rental agencies that do not rent to people under the age of 25, funeral homes except for guests who are not invited to private services, or restaurants that refuse to serve customers with a history of destructive behavior.
There is a sound reason to implement age-institutional policies when it comes to hotels. Whether or not children are allowed to violate other state laws, especially as in the case of a San Diego casino resort due to the state’s lowest gambling age of 21 years old.
But beyond that, businesses like hotels are generally not permitted to adopt blanket policies that prohibit guests under certain ages, even if they are “nozier, rowdy, more mischievous, more loud.”
Whether Alila Marea Beach Resort’s policies withstand legal snuff remains an open question, as it is unclear whether maintaining a peaceful environment for adults is a compelling reason enough to exempt civil rights laws.
Violation of the law could hit a hotel with a fine of $4,000 per instance.
Fox 5/Kusi reached out to the Hotel and Hyatt for comment but did not respond prior to the release.
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