This is a debate that’s been going on among several friends who are parents.
A backstory…
It started when one set of parent was dining in an upscale restuarant; having left their kids with a sitter. Children of other patrons were present and disrupting to the first couple. Thus bringing their question…
Can a restuarant outright exclude children?
Presume first that the type of exclusion I mean is like that of the “whites only” restuarants of the 1950’s and before; excluding blacks.
Presume also that we’re not talking about members only clubs or adult (bar, strip club, etc) establishments or places where safety is an issue. It’s understood that restuarants can certainly not CATER to having children as patrons (no booster seats, no children’s menu, etc).
The bottom line is, I believe, a legal question as to whether restuarants can enforce a policy wherein no children are allowed.
Can’t private businesses exclude *any *group of people (or individuals) that they want, provided it’s not one of the protected classes (race, religion, etc)? AFAIK, Age only extends to those over 40.
“We reserve the right to refuse service…” and so forth.
Age is protected, but is defined as over 40, as far as I understand. So in this case, perhaps it does just mean “old”. At least as far as employment goes. The situation you suggest is a little different, admittedly.
Federal protects age, for employment purposes, as age 40 or older. However, some state laws address age discrimination in employment more comprehensively, such as 18 or older. Also, I am not aware of any public accommodation law that prevents discrimination based on age using the over 40 definition. The employment law is specific to employment (Age Discrimination in Employment Act).
Not that this necessarily has any bearing on the restaurant question, except to point out that a complete answer would have to take into account any state or local laws that might be stricter than federal law.
I do know that it’s not uncommon for bed & breakfasts to exclude children. They usually say that right on their website, so they don’t seem to be hiding it from the law in any way.
The short answer: in the absence of a state or local statute forbidding the practice, yes, a restaurant could exclude children. Children are not a “protected class” under the current approach to addressing equal protection claims under the 14th Amendment to the US Constitution, and there is no federal law of which I am aware which protects children in a business establishment from discrimination.
There was just an article about this same thing in last Sunday’s Boston Globe.
“Children” might not be a protected class, but the terms of a restaurant license in Massachusetts dictate that if an eating establishment serves a full menu, then it must allow those under 21 inside to eat. It doesn’t matter if it looks like a bar inside, or serves more alcohol than food, etc. If they have a full menu (although I am not sure how that is defined, but the license probably spells it out), then they have to let children and minors in.
Lots of restaurants exclude children. Bar restaurants after a certain time often restrict entry to people under 21, even if they have no intention of drinking. This is in Ohio, by the way…I don’t know if some of these places don’t have a menu large enough to be ‘full’ but I know of several places that serve sandwiches, wings, soups, etc, and restrict age after a certain time.
A local restauranteur has always excluded anyone under 18 from his establishments. His thinking is that if you are paying his high prices, then you don’t want your meal disturbed by children. I remember there was a bit of a fuss long ago when he wouldn’t let in a group celebrating their daughter’s high school graduation.
His food is phenomenal. As for him, he’s more than a bit of a jerk.
What sort of question is that? I’ll wave back. But I simply don’t like children and don’t like being around them. Will avoid them when I can, will be civil to them when I can’t.
A school in my hometown had off campus lunch. The kids would swarm a family steakhouse across the street, order fries and a soda and then raise heck. The owner barred those under 18 before 4:00pm unless accompanied by a parent. It worked for them pretty well.
I believe that Victoria & Albert’s, a restaurant at the Grand Floridian Hotel in Walt Disney World prohibits young children and discourages older ones (teenagers). Of course, at $150/person before drinks, a kid wouldn’t be worth it anyway.
No, not in the US. The Fair Housing Act now prohibits that. They were once common, though.
"What Does the Fair Housing Act Prohibit?
The Fair Housing Act is a federal law that prohibits discrimination in the sale or rental, or in the terms, conditions, or privileges of a dwelling because of race, color, national origin, religion, sex, familial status (i.e., families with children under the age of 18), or handicap.
It is illegal for a landlord to refuse to rent an apartment, condominium, or home to somebody because that person will have children living with them or due to their race. It is also illegal for a landlord to evict a tenant due to the fact that the tenant has children."
The exception is for senior citizen communities for people ages 55+.