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Posted By KerryL1 on 05/15/2024 10:19 AM
Our rule is: "Those 14 and under must be accompanied by someone 18 or older." It might help to keep out any family- relationship words like "parents." And there's no need to use a word like "children."
I think your attorney must be wrong or somehow off target.
Iniestra v. Cliff Warren Investments, Inc., C.D.Cal.2012, 886 F.Supp.2d 1161 (California).
In this California case, an apartment complex rule stated that “Children under the age of 18 are not allowed in the pool or pool area at any time unless accompanied by their parents or legal guardian”. After being cited for violations of this rule, the plaintiff’s (a husband and wife with 3 children) filed suit alleging that the pool rule violated the Fair Housing Act. The court found that the rule was “facially discriminatory”, in that it “treated children, and families with children, differently and less favorably than adult-only households”. Once determined to be “facially discriminatory”, a defendant must establish that the subject regulation is the “least restrictive means to meet a compelling business necessity”. Citing to similar cases, the court held that “a prohibition on unsupervised swimming which would prevent even a 17-year old certified lifeguard from swimming unaccompanied is overly restrictive”. Similarly, “while the Court recognizes the inherent dangers of unsupervised swimming, the requirement of parent or legal guardian supervision transforms this rule from one that could be reasonably interpreted as a safety precaution to one that simply limits children and their families”. Although the court offered no guidance regarding pool rules, it wrote the following concerning noise and adult supervision: “Indeed, children might make noise even if their parents are present. More appropriate policies might have simply prevented children from playing near gates or on the roof tops, or required all residents to maintain a certain noise level.”