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Old Jan 11, 2017 | 6:46 pm
  #32  
BigFlyer
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  • The legislative history makes it clear that the legislature believed that under the Unruh Act as it existed hotels could not discriminate against minors. The purpose of the legislation was to protect hotel owners financially when they rented to minors, as they were required to rent to minors under anti-discrimination law. see ftp://www.leginfo.ca.gov/pub/99-00/b..._sen_comm.html

  • If as you suggest hotel owners are free to not rent to minors - then there would be no need for the legislation. In other words, if hotels were free to not rent to minors, then it would follow that they could require parents to assume liability as a condition of renting to people that they are not required to rent to. The purpose of the legislation is to give hoteliers, the right, should they choose, to require a parent or adult to assume liability. Because the hotelier does not have to obtain the guarantee from the adult, the statute uses the term "may."

  • The Unruh Act prohibits age discrimination. Given that it prohibits discrimination against minors, it prohibits discrimination against adults 18-21.

  • The fact that some Aloft hotels in California unlawfuly discriminate against those under 21 does not make it legal.


Originally Posted by clarkef
I didn't peruse the remainder of the code, but your quoted section does not stand for your stated proposition for two reasons. Firstly, the code uses permissive language, to wit:

...the innkeeper may...."

It doesn't say anywhere that the innkeeper must rent to the minor. Secondly, an 18-year-old person is not a minor so this section is not applicable in any event.

Plus, I believe that William stated that there are several Alofts in California with a 21 minimum check-in age.
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