Hyatt Luxury Resort In California Bans Children – But Is It Legal?

A popular luxury resort in the Hyatt chain has just banned children under the age of 18 from its property. But is it legal?

Alila Marea Beach Resort Bans Children Under 18

The Alila Marea Beach Resort is a swanky resort in Encinitas, California. I have stayed there before (with my family) and you can read my review here. Earlier this month, the resort introduced a new policy banning children under the age of 18:

Beginning February 14, 2025, Alila Marea Beach Resort plans to transition to an adults-only resort, welcoming guests aged 18 and over. This transition allows us to provide a serene and tranquil environment tailored to adult travelers seeking relaxation, exploration and a peaceful stay by the beach.

Live And Let’s Fly has reached out to the resort to ask whether previous bookings with children will be honored.

This is not the only Alila in California that bans children: the Alila Ventana Big Sur also has a similar policy in place.

I’m Not Opposed To Adults-Only Resorts

In theory, I’m not opposed to adults-only resorts.

I enjoyed the quiet getaway with my wife at the Alila Ventana Big Sur…it certainly was nice not to have children running around or making noise. We enjoyed the adults-only experience at the Miraval Arizona Resort and Spa, Hyatt’s wellness resort in Tucson, Arizona.

Our favorite weekend getaway is the Hyatt Regency Huntington Beach and that hotel is full of children…it’s a very different environment.

So yes, I have two young children, I love to take them to nice hotels…including the two Alila properties in California…but I also understand why these resorts would want to cater to adults.

But Is it Legal In California?

Here’s the thing I find fascinating: this practice of banning children appears illegal in California.

California’s Unruh Civil Rights Act, passed in 1959, requires “full and equal accommodations” for all customers in business establishments. There are no exceptions.

This has been backed by the California Supreme Court, which held that an apartment complex cannot ban children even though children (as a class) are “noisier, rowdier, more mischievous and more boisterous” than adults (Marina Point, Ltd. v. Wolfson (1985) 30 Cal.3d 721). The same logic applies to hotels.

A hotel is not like a bar or casino or strip club, where it is illegal to serve minors. These prohibitions are backed by a “compelling societal interest” (per the California Supreme Court), but it would be quite a stretch to say the same holds true for hotels and resorts.

Still, the right is not absolute. A minor cannot just waltz into a hotel and demand a room. California’s Senate Bill 1171 allows hotels to insist that the minor’s parent or guardian (or at least some responsible adult) assume full liability for the stay in writing. Children also cannot be left alone in hotel rooms.

Even so, if you want to show up either resort with your kids, the resorts would be technically violating the law by not accommodating you…not that I’m in the mood to test this.

CONCLUSION

The Alila Marea Beach Resort has joined the Alila Ventana Big Sur in banning children under 18. I’m generally not in favor of such polices because I think children can be well-behaved, but I also appreciate why resorts would want a child-free environment. More importantly, though, the prohibition against children appears to violate the Unruh Civil Rights Act and makes me think neither hotel would actually enforce this prohibition if you push hard enough…