are child-free restaurants legal? What the law says

Prohibition from access to children below a certain age limit: this is the policy adopted by an increasing number restaurateurs to “bypass” it danger of possible noise in their premises. All to guarantee peace and quiet to the customers, without the risk of screams or noise from the little ones. Right? Wrong? Understandable? Legitimate? Together with a lawyer, we tried to read this provision from a purely point of view valid.

What are child-free restaurants

A trend that was born in the United States and in recent years constantly expanded also on the old continent. That restaurants child-free, that is, the rooms where access to children is prohibited. In most cases, children under the age of 18 are not allowed 14 years old. A measure taken by an ever-increasing number of restaurateurs, who in their rooms want to guarantee an atmosphere of relaxation, tranquility and light-heartedness to customers. dissolve in the bud there questions of any sounds and crying from the children. A basic provision that does not conflict with children themselves, but a guarantee for adult customers who want to spend a few hours at the table.


And in fact, many are reading various comments online favorable proverbs to this measure taken by restaurateurs. In fact, many (including many parents) seem to agree with this policy, in the name of peace and relaxation. Many others though they disagree with a provision apparently discriminatory. Born, it must be said, not so much of “thought” towards the smallest category as trying to patch up rudeness and some parents’ incompetencewhich allows their children to run, scream and disturb the rest of the customers.

Some restaurants, to try to please all customers, are equipped with separate rooms: one for families, one where only adult customers are allowed. To, however, go deeper into the question and understand whether I child-free restaurants whether or not valid (at least in our country) we asked a lawyer what the law says in the field. Whether or not this type of venue in a nutshell is against Italian jurisdiction.


Faced with an almost football-friendly line-up of those who are on the side of the restaurateurs (and therefore are in favor of a calm atmosphere in the dining room) and of those who in any case take the defense of the children (who, as such, behave properly, wherever they are), let’s see how the law is expressed. He helped us shed some light on the matter lawyer Eugenio Adabbo.

Are child-free restaurants legal?

As the lawyer tells us, there is a legal source that explicitly prohibits this practice, and that is it Royal device n. 635 af 1940, that is, ‘Regulations for the implementation of the common text of the public security laws’, the latter laid down by the even more dated Royal Decree n. 773 of 1931. In particular Art. 187 of this Regulation states verbatim: “Except as provided in Articles 689 and 691 of the Penal Code, traffickers may not without a legitimate reason, to reject that performance of their exercise to anyone who asks them e.g. the price matches“. This rule” … therefore provides for a general prohibition on merchants opposing any refusal of the free use of the services offered – says the lawyer – resulting in invalid and invalid any clause aimed at circumventing this prohibition “. This applies to public exercises such as bars, restaurants, hotels, guest houses, with the exception of public entertainment such as discos.


The traders therefore without a legitimate reason, which it cannot be traced back tochronological age of its customers, they could not deny access and the service to the person who pays for that service. There administrative sanctionshould the fact be ascertained, it fluctuates 516 to 3098 euros. What can those who see an illegitimate motivated refusal due to age not intend to give up? “The conduct – the lawyer explains – has no criminal relevance in itself (as opposed to refusal qualified instead in the form of racial, ethnic or religious discrimination) and is impenetrable. But as we have seen, it constitutes a administrative offense sanctioned by our legal system. “This sanction may therefore also be imposed on the basis of a report to the police by those who believe can prove it to have been so damaged by an illegitimate refusal by the operator of a public undertaking.


In conclusion, in short, while supporting the basicschildren-kegle axiom both on a general and abstract level not convincing“not being able to find some logical and reasonable alone discrimination worthy of protection “, public establishments such as child-free bars and restaurants would not in themselves be illegal. punishable it must be established that the distinction originates fromchronological age of those who demand the service. This does not represent a valid reason for the access ban.

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