Can Restaurants Actually Ban Children?

You may or may not have a staunch opinion on children in restaurants, but there are definitely some people who get upset when their dining experience is interrupted by a tantrum-throwing toddler. On the flip side, many believe that children should be able to accompany their parents wherever they choose to dine; after all, kids can't learn the rules of fine-dining etiquette unless they're exposed to them. And while there are plenty of options like meal delivery services for parents who don't want to cook (or head out with their toddlers), families still have the right to enjoy a meal out together. Some restaurants take the issue into their own hands, banning children during certain hours or, in some cases, altogether. It doesn't fall under the category of age discrimination, which applies specifically to employment, but you might still be wondering if those bans are legal.

To find out, Chowhound reached out to Doug Burnetti, founder of law firm Burnetti, P.A. in Lakeland, Florida. "There are no federal laws prohibiting a complete ban on children," he said. If a restaurant chooses to enact a ban, it has the right to do so; but things are actually a bit more nuanced than that. According to Burnetti, these bans are legal, but if a restaurant doesn't enforce theirs consistently (like making certain exceptions for some customers while banning others based on race, religion, or disability), the issue of discrimination could arise. While this answers the question on a federal level, each restaurant also has to follow the laws within its own state. And when it comes to banning children, those laws can vary from place to place.

Some diners may feel that if they are paying for a night out, they deserve for it to be child-free if that's their preference. Others may be of the opinion that kids deserve to go out to eat as much as adults do. Neither side of the argument is wrong, but exploring why some restaurants might choose not to allow kids might help smooth out any tensions.

Many restaurants cater to families by offering kid-friendly menus. But Doug Burnetti, who has been a Florida Bar board-certified civil trial lawyer since 1999, points out a few reasons why a restaurant might choose to ban children, such as wanting to establish an adult-friendly atmosphere. "[An] alcohol license may disallow children being present, so they have no choice but to ban them," he said.

Ultimately, the issue boils down to the fact that restaurants are typically on private property, which means that the restaurant can make any rules it wants that aren't violating any laws. Whether that may be to guarantee a quiet, adult-only atmosphere or for safety because the restaurant is in a small space where rambunctious toddlers could run into servers carrying heavy plates, there are valid reasons to justify bans on kids. "If the customer objects to the ban, they can always patronize a different restaurant," said Burnetti.