Children & pool hours

[joe in calif]

What is the name of your state (only U.S. law)? California
Can a 55+ community have limited hours for CHILDREN to use the pool or is that discrimination? I know it is in a non age restricted community but not sure about a senior community.

[cyjeff]

It isn't even in a non restricted community.

Think of it this way....

Every pool I have ever been to had "adult swim"... when the lifeguards would break and all children had to leave the pool.

[joe in calif]

cyjeff, in Calif you cannot have certain pool hours for children in a non age restricted community, it has been in the courts and upholds children as a class of people, same as if you posted women or Cathloics or some other group of people can't swim between certain hours. I was just wondering if that applied in a senior community.

[DeenaCA]

I stand by the answer I gave in your previous thread:

Families with children are a federally protected class. The restrictions on pool hours that you describe are prohibited as familial status discrimination. In HUD v. Paradise Gardens, a homeowners association was found liable for, among other things, limiting children to use of the pool only between 11:00 a.m. - 2:00 p.m. Such restrictions violate the Fair Housing Act unless the housing provider is exempt or unless the rules are necessary for health and safety.

In OP's case, housing for older persons is exempt from the prohibition on familial status discrimination. If the development meets the requirements at 42 USC 3607(b), the HOA may not be held liable.

Acceptable health and safety restrictions include requiring a parent to accompany a young child in the pool, or banning children who are not toilet-trained. But restrictions on pool hours for children are generally based on the convenience of adults, rather than health and safety.

You can look at the applicable section of the U.S. Code at [url=http://www.law.cornell.edu/uscode/42/usc_sec_42_00003607----000-.html]US CODE: Title 42,3607. Religious organization or private club exemption[/url]