age descrimination on a child

What is the name of your state? Arizona
My husband and I live in an adult RV park in Tucson. They have posted a rule at the pool that "absolutely no child under the age of 18 may enter the pool except during specified holidays" ie Christmas, Easter

I believe this is age descrimination. Our 2 and half yr old granddaughter is visiting us and we want to take her to the pool but everyone is telling us we can't. Isn't this illegal to descriminate against her because of her age? My husband is afraid if we take her to the pool we will get kicked out of the park. And we have paid for a year rent in advance.

The last time that I checked the applicable federal statute regarding age discrimination it applied to persons 40 years of age and over. Your granddaughter has slightly more than 37 years to wait to qualify.

thank you for you reply boxcarbilly.... maybe i'm confused but I thought the federal statute for age descrimination was for ALL Americans. What about laws pertaining to landlords discriminating against renters with children. The discrimination would be against the children themselves. And that is not lawful.

Can you give me the reference to the federal law you are referring to?
Thanks!

Discrimination laws do not apply in this case. First, the pool is a private enterprise. The owner of the pool can make his own rules. Federal laws bar discrimination to "suspect class" individuals, such as racial minorities, gender, religious beliefs, etc. The parts about age discrimination specifically allows minors to be discrimated against for the public good. That is what allow laws that restrict things minors can do, such as consume alcohol and drive cars. As long as the rule does not bar a suspect class, no laws have been broken.

Thank you Racer 72..I appreciate your help. I guess we better just follow the rule.

Writer, also check the Fair Housing Law that allows "adult/senior type" properties to discriminate.

GrammyG said:

thank you for you reply boxcarbilly.... maybe i'm confused but I thought the federal statute for age descrimination was for ALL Americans. What about laws pertaining to landlords discriminating against renters with children. The discrimination would be against the children themselves. And that is not lawful.

Can you give me the reference to the federal law you are referring to?
Thanks!

Click to expand...

The federal statute that is pertains to age discrimination is called Age Discrimination in Employment Act or ADEA and now you know the rest of the story--it deals with discrimination in employment, including promotions because of a person's age.

The Fair Housing Act is the federal statute which prohibits discrimination in housing but it is not "age" but "Familial status" which cannot be discriminated against . Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18. While most housing is covered under the Fair Housing Act, there are exceptions. As you pointed, "My husband and I live in an adult RV park in Tucson." Obviously, the RV park is limited to adults. In addition your visiting grandchild is neither living with you nor is the issue whether the grandchild can stay in the RV park during her visit. The issue is whether the adult RV park can prohibit those who are not adults from using the pool and the answer is yes they can.

Buy your granddaughter a kiddie play pool to play in or take her to a public pool.

boxcarbill...thank you very much for your reply. I am now fully educated regarding this matter. I will therefore, as you suggest, buy a kiddie pool for my little granddaughter and not cause a problem for the park here.