The debate over whether hotels can legally ban children in California has sparked interest and controversy among travelers and industry experts alike. With spring breaks around the corner and summer vacations on the horizon, the issue is at the forefront of many parents’ minds as they plan their next family getaway or adults seeking a child-free escape. The discussion was reignited in February when the Alila Marea Beach Resort in Encinitas, a prominent property under the Hyatt hotel empire, declared that it would no longer accommodate children as overnight guests, positioning itself as the “only adults-only oceanfront resort in Southern California.”
This decision by the Alila Marea Beach Resort has triggered a broader conversation about state law, hotels’ responsibilities, and the legality of excluding children from lodging establishments. Several other hotels in California, including the Colony Palms, Fleur Noire, Ingleside Estate, La Maison Palm Springs, and the newly opened Whisky Hotel in Hollywood, have also adopted adults-only policies. While these properties have defended their stance as catering to grown-up clientele seeking a specific ambiance, questions remain regarding the legal implications of such exclusions.
The focal point of this dispute revolves around Section 51 of California’s Civil Code, commonly referred to as the Unruh Act, which aims to prevent discrimination based on various protected characteristics. While age is not explicitly listed as a safeguarded attribute in the Unruh Act, legal experts, industry insiders, and consumer advocates have raised concerns about the legality of banning children from hotels. The Alila Marea Beach Resort in Encinitas, for instance, has faced scrutiny over its policy, prompting calls for clarification from state officials on the matter.
When questioned about the legality of hotels prohibiting children, representatives from the state Civil Rights Department and the attorney general’s office offered vague responses, emphasizing the need to evaluate each case individually. In the absence of specific legal precedents or guidelines, families are advised to verify a hotel’s policy regarding children before making reservations, possibly by engaging with reservations agents directly.
Jamie Court, president of ConsumerWatchdog.org, expressed reservations about the legality of banning children from hotels, citing concerns about discrimination based on family status. Court suggested that legal action might be necessary to address the issue, urging the attorney general to intervene if hotels continue to enforce such policies. The California Hotel & Lodging Association has also cautioned against discriminating against minors under the Unruh Act, emphasizing that while hotels can refuse accommodations to individuals under certain circumstances, blanket policies excluding children are unlawful.
Industry veteran Laurie E. Sherwood, a legal expert with decades of experience in travel-related cases, echoed these sentiments, asserting that hotels are considered places of public accommodation and that barring children could violate the Unruh Civil Rights Act. Many hotels have navigated this issue by implementing age restrictions on certain amenities, such as pools and hot tubs, or limiting occupancy per room to mitigate potential conflicts.
In the realm of vacation rentals, platforms like Airbnb have policies prohibiting hosts from banning children or imposing additional fees based on age. However, descriptions provided by hosts often indicate that their properties are unsuitable for young children, creating ambiguity for families seeking accommodations. The Alila Marea Beach Resort, which recently adopted an adults-only policy, declined to comment on the rationale behind its decision, while other properties within the Alila chain have varying restrictions on child occupancy.
Amidst the ongoing discourse, social media users have shared contrasting views on the presence of children in hotels, with some arguing for the need for child-free spaces to enhance the guest experience. While the debate continues in California, other destinations, such as the Sandals resorts in the Caribbean, have embraced adults-only environments as part of their brand identity, catering to travelers seeking a tranquil, child-free getaway.
As the conversation surrounding adults-only hotels in California evolves, it remains imperative for stakeholders to consider the legal, ethical, and practical implications of excluding children from lodging establishments. While the law may provide a framework for addressing these issues, the broader question of accommodating diverse clientele and ensuring inclusive hospitality experiences requires ongoing dialogue and collaboration within the industry and among consumers alike.
