(Hyatt Resorts)
ENCINITAS, CA – The Alila Marea Beach Resort in Encinitas, San Diego County, is facing potential legal challenges after implementing a policy that bans guests under the age of 18 from overnight stays. The luxury resort, which announced the change effective February 14, cited a desire to create a “serene and tranquil environment” for adult travelers.
A note on the resort’s website stated its transition to an “adults-only resort,” a move that could violate California’s Unruh Civil Rights Act, which prohibits discrimination by businesses, including hotels.
Chris Dolan, owner of Dolan Law Firm, told SFGATE that the policy appears to be a clear violation of the Act. “The innkeepers are not allowed to have a restriction against children being on the premises,” Dolan stated.
Richard Sorensen, general manager of the Alila Marea Beach Resort, defended the policy, stating it aligns with other Alila-branded hotels in California that operate as adults-only. He clarified that minors are permitted to attend events, weddings, and dine at restaurants, but not to stay overnight. Sorensen did not address the legality of the policy.
The California Civil Rights Department declined to comment on the specific situation, but confirmed that the Unruh Civil Rights Act applies to hotels.
The California Hotel & Lodging Association indicated that while a resort could potentially find “just cause” for banning minors, it would be difficult, and exceptions would be required in certain situations, such as natural disasters. They also warned against the misconception that potential misconduct by some children justifies a blanket ban.
Dolan also pointed to California Civil Code 1865, which allows hotels to impose restrictions on minors, but does not permit them to be banned entirely. He suggested that resorts can offer separate amenities, such as adults-only pools, provided equivalent amenities are available for minors.
Violations of the Unruh Act could result in fines of $4,000 per occurrence, plus attorney fees and damages. Hyatt, the parent company of Alila, did not respond to requests for comment.
