Can Restaurants Legally Ban Kids?
Subjective Rules Can Get Complicated, and Potentially ChallengedBut what about "No Loud Children"? The term "loud" is rather subjective, so already you are on a slippery slope. Layer on a further potential complication, such as the "loud child" in the restaurant is the only one that is not Caucasian or perhaps dressed in a way that shows the family practices a certain religion. You may want to brace yourself for a federal civil rights lawsuit for discriminating against someone on the basis of a protected class such as:
- Age (generally over the age of 40)
- National origin
- Religious beliefs
- Veteran status
Restaurants Are Not the First to Ban Children, Probably Not the LastIf you feel like a renegade wanting to enlist this sort of rule, know that you aren't alone. Not only are other restaurants feeling the need to do so, but also malls. A few large malls throughout the country have instituted a policy that bans unaccompanied minors the day after Christmas. This need came about not only from shoplifting, but also for public safety, as fights had been known to break out in years past. Though some groups claim the policies violate their civil rights, none have brought a successful suit. Also, keep in mind that there are many hotels and resorts that prohibit minors from staying at their establishment. If you have any concerns about policies at your restaurant, or ones you are thinking of making, contact a business and commercial lawyer. These attorneys are well versed in what policies are legal, and which ones will get you into hot water. Let's save the hot water for the dishwasher. Related Resources:
- Find a Business and Commercial Lawyer Near You (FindLaw's Lawyer Directory)
- Pa. Restaurant McDains Bans Kids Under Age 6 (FindLaw Law and Daily Life)
- Top 5 Legal Insights to Avoid Age Discrimination (FindLaw Free Enterprise)
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