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  #1  
Old 06-30-2009, 10:29 AM
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Swimming Pool Restrictions


What is the name of your state (only U.S. law)? Florida/Missouri

We live in Missouri, but we recently took a vacation to Florida. We rented a condo for a week from the owner. The condo we were staying at refused to allow my 1 year old (almost 2) daughter from swimming in their pool since she was not fully potty trained. We did have a swim diaper on her, but that was not acceptable.

Is it legal for the condo to prevent her from using the pool?
Seems like it is age discrimination, but since it a private condo complex, I was not sure if they were exempt.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 06-30-2009, 10:36 AM
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Quote:
Originally Posted by lcp676 View Post
What is the name of your state (only U.S. law)? Florida/Missouri

We live in Missouri, but we recently took a vacation to Florida. We rented a condo for a week from the owner. The condo we were staying at refused to allow my 1 year old (almost 2) daughter from swimming in their pool since she was not fully potty trained. We did have a swim diaper on her, but that was not acceptable.

Is it legal for the condo to prevent her from using the pool?
Seems like it is age discrimination, but since it a private condo complex, I was not sure if they were exempt.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Illegal age discrimination normally applies to employees over 40.

In this case, it may have been age discrimination, but it is not illegal age discrimination. Bars discriminate against teen-agers. That's not illegal either.
  #3  
Old 06-30-2009, 10:53 AM
cbg cbg is offline
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Is it legal for the condo to prevent her from using the pool? Yes.


Seems like it is age discrimination, but since it a private condo complex, I was not sure if they were exempt. It is not that they are "exempt" and it has nothing to do with their being private. They may legally "discriminate" by refusing to allow a child in diapers to use the pool because discrimination against children is legal. The most generous age discrimination laws anywhere in the US still start at age 18, meaning you can legally "discriminate" against anyone who is 17 years and 364 days old or younger. And at the Federal level, it's not illegal age discrimination until age 40.
  #4  
Old 06-30-2009, 10:53 AM
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Quote:
Originally Posted by lcp676 View Post
What is the name of your state (only U.S. law)? Florida/Missouri

We live in Missouri, but we recently took a vacation to Florida. We rented a condo for a week from the owner. The condo we were staying at refused to allow my 1 year old (almost 2) daughter from swimming in their pool since she was not fully potty trained. We did have a swim diaper on her, but that was not acceptable.

Is it legal for the condo to prevent her from using the pool?
Seems like it is age discrimination, but since it a private condo complex, I was not sure if they were exempt.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
It is considered a health and safety issue. They do not have to allow non-potty trained children in their pools.
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  #5  
Old 06-30-2009, 11:09 AM
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The pool at my health club was closed for 3 days because a rugrat suffering from diarrhea let loose while in the pool. Her swimming diaper did not help at all.
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  #6  
Old 06-30-2009, 11:22 AM
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Law and health codes are on the side of the resort.

BESIDES:

Even if your age discrimination theory 'held water' -

The legal discrimination is behavioral - the not being potty trained thing.
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