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Washington Law Regarding Minors
Written by: Dennis McLaughlin

Washington State does not have a specific statute which specifically addresses the rights of innkeepers to restrict the renting of rooms to minors. A minor is defined as an individual under the age of 18 under Washington law.

Some hotels in Washington State refuse accommodations to underage persons in an effort to avoid the disturbance of other guests due to drinking and late night parties. Other hotels in Washington State however, provide accommodations to underage persons subject to strict guidelines.

It is clear that a hotel may refuse to provide service or accommodations to an individual under the age of 18 years, under the theory that Washington law states a minor has no capacity to enter into a contract (RCW 26.28.015(4)). Furthermore, should the premises be damaged by an underage person, a hotel would be precluded from seeking reimbursement for damages because a contract cannot be enforced against a person under the age of 18.

Some legal authority indicates that refusing to provide accommodations to underage persons is discriminatory and in violation of state anti-discrimination laws. However, in Washington State this theory has not been tested in a court of law. Note, however, that a future Washington court could possibly provide a legal remedy for a minor refused accommodations who would otherwise be entitled to rent a room based on a common law duty of an innkeeper to admit all persons who seek accommodations.

Under Washington’s Freedom From Discrimination Law (RCW 49.60) persons are protected against discrimination on the basis of sex, race, physical handicap, and national origin, among other categories. This Washington statute only protects persons against discrimination on the basis of age in an employment setting (RCW 49.60.205). Case law from other state jurisdictions differ.

In spite of this legal ambiguity as to the enforcement of age discrimination laws, it is clear that hotel management can implement and enforce policies to protect their guests from the harmful acts of underage persons. It is also clear that a hotel can enforce policies regarding noise after certain hours, bringing large quantities of alcohol into guest rooms, limiting activities in hotel common areas after certain hours, and limiting the number of persons which may occupy one room at any time. These policies can be enforced as long as they are reasonable, justified, and all guests are put on notice of the policies.

General counsel to WLA since 1993, Dennis McLaughlin also serves in that capacity for several hotels in Spokane, the Spokane County Hotel & Motel Association, the Empire Innkeepers Association and the Spokane Regional Convention & Visitors Bureau. He received his bachelor's degree from Washington State University and his law degree from the University of Idaho.

Minors in Hotels
Written by: Banks Brown

Unless your state has a statute addressing the issue, or has legal precedent otherwise, you had better admit a minor to your hotel.  It has been the rule for hundreds of years (literally) that a hotel must allow a minor to check in.  The reason for the rule is simple:  hotels were originally (and are now) safe havens from the brigands who would harm, rob or swindle weary travelers.  Because of that, hotels are deemed quasi-public institutions.  The rule is that as long as there is room at the inn, you must admit a person seeking a room.

And you might ask yourself:  who needs shelter more than a minor travelling without a caregiver?  If it was your son or daughter alone in a city (or on a turnpike) and he or she was denied shelter because of age, you would be and would have every right to be madder than a hornet.  In short, if you turn away a minor, you violate a common law duty, and if harm then comes to the minor, you will get sued and you may well lose.  In some states, if you refuse to admit a minor, you commit a crime (New York is the prime example) and arguably in all states you would violate laws prohibiting age discrimination.

Click here to read full article.

Banks Brown is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s New York office.  Banks serves as the General Counsel for the American Hotel & Lodging Association, the Hotel Association of New York City, Inc. and the Travel Business Roundtable.  He regularly writes for Lodging Law, a publication of the American Hotel & Lodging Association, and is the 2006 recipient of the Anthony G. Marshall Award for Pioneering and Continuous Contribution to Hospitality Law. 

Find More Information With These Links
Provided by: Lydia Westbrook 

• “Age Discrimination Suit Filed Against Holiday Inn Express Hotels in Michigan for Turning Away People who are Older than 18 but under 21” Hotel-Online.com, October 2004
   
• “Accepting Minor Guests in Your hotel: A Checklist for Handling the Challenges of Underage Guests” Hospitalitynet.org, May 2004
   
• “Hotels Wrestle with Renting to Teens” Hotel & Motel Management, January 2002
   
• “Prom Season; Innkeeper Liability” Hotel-Online.com, May 1998  
   
• "Minors Can Mean Major Problems for Hotels" The Rooms Chronicle, May/June 2001

 
Lydia Westbrook currently teaches Tourism at the Conrad N. Hilton College, where she also serves as the research director for the American Hotel & Lodging Association Information Center. Recently, she was named director of International Programs for the College. Her industry experience, research skills and international travels are strengths she brings to her new role.

(last updated: June 7, 2010)

 

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