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Yahoo
18-03-2025
- Yahoo
Adults-only hotels are all over California. Are they even legal?
Can hotels legally ban children? With spring breaks starting momentarily and summer vacations not far away, the question is puzzling a wide scope of California travelers — parents booking their next family vacation as well as adults looking for a child-free escape. And the answer is complicated. The issue flared in February when the Alila Marea Beach Resort in Encinitas, part of the Hyatt hotel empire, announced it would exclude children as overnight guests, thus becoming the self-described "only adults-only oceanfront resort in Southern California." Read more: High-end San Diego County resort bans children from overnight stays This move at a high-profile beachfront property sparked a debate about state law and hotels' obligations and has turned eyes on other California hotels that exclude children. In the Palm Springs area, the Colony Palms, the Fleur Noire, the Ingleside Estate and La Maison Palm Springs are among the lodgings whose websites say they are adults-only. The Whisky Hotel, which opened March 12 in Hollywood, promotes itself similarly. "We cater to adults only, because that's kind of our vision," said Whisky Hotel general manager Alan Esparza, noting the grown-up atmosphere 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 Code, widely known as the Unruh Act, which is designed to prevent discrimination by race, religion, sexual orientation and 10 other "protected characteristics." Attorneys, industry veterans and consumer advocates have cited this act when asserting that banning children from hotels is illegal. However, Section 51 doesn't specify age as a protected attribute, and state officials do permit rental car companies to refuse rentals to drivers under 25. But California courts have decided that the Unruh Act prohibits landlords from refusing to rent to families with children. Asked if it's legal for a California hotel to ban children, a representative from the state Civil Rights Department said via email that "the law's application with respect to age discrimination depends on the specific facts and circumstances." The state Attorney General's press office was equally vague, saying, "We are unable to provide legal advice or analysis." Neither agency cited legal precedents or earlier cases. Until state officials provide more clarity, industry veterans and consumer advocates suggested, families should take care to make sure of a hotel's policy before booking. That might mean talking to a reservations agent before making a reservation online. "I think it's really problematic legally" to ban children. "I'm not sure why it hasn't been challenged before," said Jamie Court, president of Los Angeles-based A hotel "is a place of public accommodation and you're discriminating based on family status." In Court's view, "Someone can sue. But it should be the attorney general who is going to court if the hotels don't back down after a warning. And it should be the attorney general writing warning letters. ... I don't know why the A.G. and the state have become so timid." Read more: 72 awesome things to do with kids in L.A. before they grow up In a 2023 handout to its members, the California Hotel & Lodging Assn. warned hoteliers that the Unruh Act "prohibits hotels from discriminating against minors based on age," adding, "Some lodging operators assume that because some young children or other minors might engage in improper conduct, the hotel has a right to refuse accommodations. This is a dangerous misconception." Even when minors are unaccompanied, the association wrote, "It is unlawful to have a blanket policy" prohibiting them. However, the association said, a hotel "can refuse to accommodate individual children and their parents" if there is "just cause." The association's spokesman declined to comment on any specific cases. Another industry veteran surprised by the situation is Laurie E. Sherwood, a partner at the Irvine-based law firm Walsworth, who has handled travel-related cases for close to 30 years. "My initial, gut-level reaction is that hotels are places of public accommodation," Sherwood said, and that "it's a violation of the Unruh Civil Rights Act because you're excluding families with children." Many California hotels have finessed the issue by restricting children's access without banning them. Some hotels, like the River Lodge Paso Robles, officially welcome children but ban anyone under 21 from the pool and hot tub. Other hotels, such as the elite Post Ranch Inn in Big Sur, limit occupancy to two people per room. At vacation rental properties too, families might find mixed messages. Airbnb's nondiscrimination policy forbids U.S. hosts from banning children or "charging for fees for guests of a certain age." But Airbnb hosts often describe their properties as "unsuitable" for children under 12. Read more: 11 staycation ideas around SoCal, from the Idyllwild forest to picturesque Santa Barbara At the Alila Marea Beach Resort in Encinitas, which recently banned children, general manager Richard Sorensen did not respond to a request for comment. The Alila chain, a high-end international sub-brand of Hyatt, also includes hotels in Big Sur ("an adult-only experience reserved for those 18 years of age and over") and Napa Valley (where a reservationist said families are theoretically allowed, but all rooms and suites are limited to two occupants). Meanwhile, some consumers have taken to social media to talk about how children can ruin a hotel experience. A Reddit user going by WowOwlO opined in a thread on the topic that "children are just loud, messy, and simply don't belong at a five star hotel. We should be able to have establishments that separate them." Beyond California, many destinations allow hotels to bar children. The Sandals resorts, all located in the Caribbean outside the U.S., have made the absence of children a key part of their identity. "There's definitely a demand for child-free spaces, especially when we're talking about honeymoons and things like that," said D.C. Vekic, president of Cosmopolitan Travels in Northridge. Sign up for The Wild newsletter to get weekly insider tips on the best of our beaches, trails, parks, deserts, forests and mountains. This story originally appeared in Los Angeles Times.


Los Angeles Times
18-03-2025
- Business
- Los Angeles Times
Adults-only hotels are all over California. Are they even legal?
Can hotels legally ban children? With spring breaks starting momentarily and summer vacations not far away, the question is puzzling a wide scope of California travelers — parents booking their next family vacation as well as adults looking for a child-free escape. And the answer is complicated. The issue flared in February when the Alila Marea Beach Resort in Encinitas, part of the Hyatt hotel empire, announced it would exclude children as overnight guests, thus becoming the self-described 'only adults-only oceanfront resort in Southern California.' This move at a high-profile beachfront property sparked a debate about state law and hotels' obligations and has turned eyes on other California hotels that exclude children. In the Palm Springs area, the Colony Palms, the Fleur Noire, the Ingleside Estate and La Maison Palm Springs are among the lodgings whose websites say they are adults-only. The Whisky Hotel, which opened March 12 in Hollywood, promotes itself similarly. 'We cater to adults only, because that's kind of our vision,' said Whisky Hotel general manager Alan Esparza, noting the grown-up atmosphere 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 Code, widely known as the Unruh Act, which is designed to prevent discrimination by race, religion, sexual orientation and 10 other 'protected characteristics.' Attorneys, industry veterans and consumer advocates have cited this act when asserting that banning children from hotels is illegal. However, Section 51 doesn't specify age as a protected attribute, and state officials do permit rental car companies to refuse rentals to drivers under 25. But California courts have decided that the Unruh Act prohibits landlords from refusing to rent to families with children. Asked if it's legal for a California hotel to ban children, a representative from the state Civil Rights Department said via email that 'the law's application with respect to age discrimination depends on the specific facts and circumstances.' The state Attorney General's press office was equally vague, saying, 'We are unable to provide legal advice or analysis.' Neither agency cited legal precedents or earlier cases. Until state officials provide more clarity, industry veterans and consumer advocates suggested, families should take care to make sure of a hotel's policy before booking. That might mean talking to a reservations agent before making a reservation online. 'I think it's really problematic legally' to ban children. 'I'm not sure why it hasn't been challenged before,' said Jamie Court, president of Los Angeles-based A hotel 'is a place of public accommodation and you're discriminating based on family status.' In Court's view, 'Someone can sue. But it should be the attorney general who is going to court if the hotels don't back down after a warning. And it should be the attorney general writing warning letters. ... I don't know why the A.G. and the state have become so timid.' In a 2023 handout to its members, the California Hotel & Lodging Assn. warned hoteliers that the Unruh Act 'prohibits hotels from discriminating against minors based on age,' adding, 'Some lodging operators assume that because some young children or other minors might engage in improper conduct, the hotel has a right to refuse accommodations. This is a dangerous misconception.' Even when minors are unaccompanied, the association wrote, 'It is unlawful to have a blanket policy' prohibiting them. However, the association said, a hotel 'can refuse to accommodate individual children and their parents' if there is 'just cause.' The association's spokesman declined to comment on any specific cases. Another industry veteran surprised by the situation is Laurie E. Sherwood, a partner at the Irvine-based law firm Walsworth, who has handled travel-related cases for close to 30 years. 'My initial, gut-level reaction is that hotels are places of public accommodation,' Sherwood said, and that 'it's a violation of the Unruh Civil Rights Act because you're excluding families with children.' Many California hotels have finessed the issue by restricting children's access without banning them. Some hotels, like the River Lodge Paso Robles, officially welcome children but ban anyone under 21 from the pool and hot tub. Other hotels, such as the elite Post Ranch Inn in Big Sur, limit occupancy to two people per room. At vacation rental properties too, families might find mixed messages. Airbnb's nondiscrimination policy forbids U.S. hosts from banning children or 'charging for fees for guests of a certain age.' But Airbnb hosts often describe their properties as 'unsuitable' for children under 12. At the Alila Marea Beach Resort in Encinitas, which recently banned children, general manager Richard Sorensen did not respond to a request for comment. The Alila chain, a high-end international sub-brand of Hyatt, also includes hotels in Big Sur ('an adult-only experience reserved for those 18 years of age and over') and Napa Valley (where a reservationist said families are theoretically allowed, but all rooms and suites are limited to two occupants). Meanwhile, some consumers have taken to social media to talk about how children can ruin a hotel experience. A Reddit user going by WowOwlO opined in a thread on the topic that 'children are just loud, messy, and simply don't belong at a five star hotel. We should be able to have establishments that separate them.' Beyond California, many destinations allow hotels to bar children. The Sandals resorts, all located in the Caribbean outside the U.S., have made the absence of children a key part of their identity. 'There's definitely a demand for child-free spaces, especially when we're talking about honeymoons and things like that,' said D.C. Vekic, president of Cosmopolitan Travels in Northridge.


Fox News
10-03-2025
- Business
- Fox News
High-end vacation resort bans children to achieve 'tranquil environment'
Although there is plenty of room at this California vacation spot, your entire family won't be able to check in for a stay. Alila Marea Beach Resort, located in Encinitas, will no longer be welcoming children on the property. The World of Hyatt luxury resort posted the announcement of the transition on its website. "Please note that beginning February 14, 2025, Alila Marea plans to transition to an adults-only resort, welcoming guests aged 18 and over," said the post. "This transition allows us to provide a serene and tranquil environment tailored to adult travelers seeking relaxation, exploration and a peaceful stay by the beach," the resort added. The resort sits just steps away from Southern California's coastline in San Diego County on Ponto Beach. The Alila Marea Beach Resort, however, does allow pets with select rooms listed as "pet friendly." Two of the hotel's sister properties in California are also adults-only, the Alila Ventana in Big Sur and Alila Napa Valley in St. Helena. Robert Patillo, a George-based civil rights attorney, told Fox News Digital via email that businesses have a right to determine who they serve. "So long as they are not discriminating against a protected classification such as sex, race, national origin or sexual orientation, companies are generally allowed to ban children," said Patillo. "Millennials and GenZ are increasingly childless and looking for childless experiences. If this is in their business interest, they should be allowed to do so," he added. Fox News Digital reached out to Hyatt and the Alila Marea Beach Resort for comment. Katie Lynn Reynolds, Travelmation travel advisor, told Fox News Digital she is seeing an increase in the popularity of adults-only resorts. "These clients are realizing that life is too short, and they want to live it up while they can, away from prying eyes. Many of them are couples who want to reconnect in their marriage. They want an escape from their busy lives where they can kick back and just focus on one another without any interruptions," said Reynolds. She said adults-only resorts are mostly popular for girls' trips or friends' trips. "They want to leave the kids at home with their spouse or sitter and let loose with their dearest friends," Reynolds added. "Clients who want an adults-only vacation are those who want peace, quiet and to unwind without any major responsibilities. They want to sit by a pool, sip a cocktail or two and enjoy the views without kids creating a distraction."
Yahoo
07-03-2025
- Business
- Yahoo
A luxury resort in California recently banned kids. Is that legal?
ENCINITAS, Calif. (FOX 5/KUSI) — A luxury resort in northern San Diego County recently began banning guests under the age of 18 from staying overnight to create a 'tranquil' experience for adults. The move by the Alila Marea Beach Resort, located in the city of Encinitas, has called into question whether making a hotel 'adult-only' potentially violates California civil rights laws that ensure equal access to businesses and public accommodations. The hotel said on its website that the policy, which went into effect on Feb. 14, aims to create an experience 'tailored to adult travelers seeking relaxation, exploration and a peaceful stay by the beach.' Disneyland to update attractions, add new entertainment for 70th anniversary celebration It mirrors other Alila Marea properties across the world, including two in California, that only accommodate adults on site. However, a spokesperson for the resort said kids are still welcome to attend events on-site or dine at its restaurants. The policy is also not unique among short-term accommodations in San Diego County. Countless hostels have age restrictions in place, as well as other major resorts like a Vista health spa hotel and the two major casino resorts — Sycuan and Viejas. So is Alila Marea Beach Resort's policy legal? Experts say it depends. Whether or not these kinds of rules barring kids from their hotels are above board largely depends on the why. California has rather broad protections against discrimination by businesses under a 1959 law called the Unruh Civil Rights Act. The law prevents enterprises from implementing policies that arbitrarily deny equal access to their services based on a person's characteristics, like race or sex. According to the state's Civil Rights Department, unlawful policies could be akin to a doctor refusing to treat a patient who has been diagnosed as HIV positive, hosting 'ladies night' discounts at a bar, or preventing someone with a service dog from entering a store. That's not to say businesses have to serve everyone. Legal experts explain there needs to be a legitimate, nondiscriminatory reason or compelling social interest to restrict its business to a subset of the public. Examples offered by California officials include rental car agencies not renting to people under 25 years old, a funeral home excluding uninvited guests from a private service, or a restaurant refusing to serve a customer with a history of disruptive behavior. As for hotels, there can be sound reasons for implementing age-restrictive policies, notably if allowing kids would violate other state laws — as in the case of San Diego's casino resorts due to the state's minimum gambling age of 21. Bay Area lottery player wins $30 million But beyond that, businesses like hotels are generally not allowed to adopt blanket policies prohibiting guests under a certain age, even if they are 'nosier, rowdier, more mischievous and more boisterous' than adults, as the California Supreme Court wrote in a 1983 opinion. Whether Alila Marea Beach Resort's policy would hold up against legal snuff remains an open question, because it's unclear if maintaining a peaceful environment for adults is a compelling enough reason to exempt the civil rights law. Violations of the law could hit the hotel with a $4,000 fine for each instance. FOX 5/KUSI reached out to the hotel and Hyatt for comment but did not hear back prior to publication. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Los Angeles Times
05-03-2025
- Business
- Los Angeles Times
High-end San Diego County resort bans children from overnight stays
A high-end San Diego County hotel is banning children from staying overnight, saying it plans to become an 'adults-only resort.' The Alila Marea Beach Resort in Encinitas explained that the change, which took effect in February, was made to provide more relaxing conditions for people over the age of 18. 'This transition allows us to provide a serene and tranquil environment tailored to adult travelers seeking relaxation, exploration and a peaceful stay by the beach,' the hotel wrote in a statement on its website. The move mirrors other Alila hotels, including the Napa Valley location, which boasts that it's a 'sanctuary' for adults. Kids can still come to the hotel for events such as weddings but are not allowed to stay overnight. 'We're excited to introduce new programming tailored specifically for our adult guests' desire for relaxation, connection and adventure,' said the Encinitas resort's general manager, Richard Sorensen, in a statement to the Coast News Group, which first reported the change. But attorney Chris Dolan told SFGate that the rules could run afoul of a state law, Civil Code 51, which bars discrimination in California businesses. 'Anybody who's providing public accommodation, engaging in a contract, has to do so without effective discrimination, and that would include hotel establishments,' Dolan told SFGATE. 'So the innkeepers are not allowed to have a restriction against children being on the premises.' Hyatt, the resort's parent company, did not immediately respond to a request for comment.