A popular luxury resort in the Hyatt chain has just banned children under the age of 18 from its property. But is it legal?
Alila Marea Beach Resort Bans Children Under 18
The Alila Marea Beach Resort is a swanky resort in Encinitas, California. I have stayed there before (with my family) and you can read my review here. Earlier this month, the resort introduced a new policy banning children under the age of 18:
Beginning February 14, 2025, Alila Marea Beach Resort plans to transition to an adults-only resort, welcoming guests aged 18 and over. 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.
Live And Let’s Fly has reached out to the resort to ask whether previous bookings with children will be honored.
This is not the only Alila in California that bans children: the Alila Ventana Big Sur also has a similar policy in place.
I’m Not Opposed To Adults-Only Resorts
In theory, I’m not opposed to adults-only resorts.
I enjoyed the quiet getaway with my wife at the Alila Ventana Big Sur…it certainly was nice not to have children running around or making noise. We enjoyed the adults-only experience at the Miraval Arizona Resort and Spa, Hyatt’s wellness resort in Tucson, Arizona.
Our favorite weekend getaway is the Hyatt Regency Huntington Beach and that hotel is full of children…it’s a very different environment.
So yes, I have two young children, I love to take them to nice hotels…including the two Alila properties in California…but I also understand why these resorts would want to cater to adults.
But Is it Legal In California?
Here’s the thing I find fascinating: this practice of banning children appears illegal in California.
California’s Unruh Civil Rights Act, passed in 1959, requires “full and equal accommodations” for all customers in business establishments. There are no exceptions.
This has been backed by the California Supreme Court, which held that an apartment complex cannot ban children even though children (as a class) are “noisier, rowdier, more mischievous and more boisterous” than adults (Marina Point, Ltd. v. Wolfson (1985) 30 Cal.3d 721). The same logic applies to hotels.
A hotel is not like a bar or casino or strip club, where it is illegal to serve minors. These prohibitions are backed by a “compelling societal interest” (per the California Supreme Court), but it would be quite a stretch to say the same holds true for hotels and resorts.
Still, the right is not absolute. A minor cannot just waltz into a hotel and demand a room. California’s Senate Bill 1171 allows hotels to insist that the minor’s parent or guardian (or at least some responsible adult) assume full liability for the stay in writing. Children also cannot be left alone in hotel rooms.
Even so, if you want to show up either resort with your kids, the resorts would be technically violating the law by not accommodating you…not that I’m in the mood to test this.
CONCLUSION
The Alila Marea Beach Resort has joined the Alila Ventana Big Sur in banning children under 18. I’m generally not in favor of such polices because I think children can be well-behaved, but I also appreciate why resorts would want a child-free environment. More importantly, though, the prohibition against children appears to violate the Unruh Civil Rights Act and makes me think neither hotel would actually enforce this prohibition if you push hard enough…
I remember when I lived in LA seeing “ladies nights” with drink specials for women. Salons charge different prices for men’s and women’s haircuts; nightclubs discriminate admission based on many factors.
You’d have to really want to litigate to get action on this. I don’t think not allowing minors at a hotel necessarily goes against the spirit of the law, though it may go against the word of the law.
they can just make the pool clothing optional and done
My thoughts exactly! I’d rather see nudity than kids on my vacation.
I wish there were more adult only options in the US.
There are also plenty of adults only pools at lots of hotels. Spas are 16 and up etc. So I think the legislation is possible.
Could they get around this by saying maximum room capacity is 2 people? I’m sure there would still be a few people who brought there kid here…but feel like that wouldn’t be a normal occurrence.
*their
That’s an interesting workaround…
It’s actually what Ventana does. But, what if a Mom and a 17 year old daughter want a weekend trip together for bonding? Are they going to turn them away?
I’m okay with adults only resorts, but if peace is part of that equation, pets should also be banned as they can often be loud (bark), and drop turds at the same rate as children.
I don’t put dogs and kids in the same categories, but I’m all for banning dogs!
And ban alcohol? Makes makes basically all noisier.
Alila in St. Helena/Napa is NO children…
So it seems Alila in general is going Adults only. It will be interesting to see what happens at the Andaz Playa Del Carmen that is being rebranded as Alila
The issue is not so much children. I a see some resorts going adults only for this reason. I recall staying at Alila Encinitas and the entire hotel was a mess of small kids running everywhere.
However, I have a real issue with the clumping of teens in this over 16. If accompanied by parents there is no reason to include this demographic. They are far better behaved and often quieter than their parents!
Blanket bans are absurd and I hope someone challenges one of these properties with a Mom/Daughter trip and the daughter is 17. It will not be a good look for the hotel.
I’ve wondered if liquor laws are a workaround. You can ban children (or children after a certain hour) in bars. Would not the license for a hotel include a large footprint? Set up self-serve beer taps throughout the hotel. Sorry, we have to ban kids. . .
BTW, I’m pretty sure that landlords can’t deny renting to families with kids by federal edict (with an exception for over-55 properties).
I think this was addressed in the summary discussions I read which if the bar is not the sole aspect of the business and is just a part of the facility it is not a basis for age restrictions at a hotel. Further, the ban is for under 18..not 21.
The only workaround I imagine would be if they became a clothing optional resort.
Cool. Now do airlines.
Ummm….the other two alias in CA ArLLare adults only. And I’ve seen other botique hotels that are adult only.
Not to mention Evey single bar and night club…
You missed the point. Any hotel can SAY they are adults only. The question is can they legally enforce it. It appears not. Further, bars and establishments serving alcohol are exempt if it is their primary business. It is clearly not at a hotel. The only workaround would be if they became clothing optional resorts.
Declare the entire resort a 24/7 alcohol service area and make it a rule that all children must be accompanied by their parent or guardian at all times. Offer zero special facilities for kids, other than a small, unattractive swimming pool and a small, unattractive restaurant to which they (and their accompanying adult) are restricted. No “kids club”, no babysitting, if you bring your kids you’re stuck with them the whole time and get to share their experience. Family bookings will soon evaporate to zero. Mission accomplished.
Ah yes, children. The last group where it’s still perfectly okay to openly discriminate against.
Good. The more adults-only properties the better.