From the Washington Post: A restaurant wanting a ‘grown and sexy’ vibe bans diners under 30

This is age discrimination. Is it legal? Can it be successfully challenged? How? 

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When Marvin Pate and his wife opened Bliss, their Caribbean restaurant outside St. Louis, they were aiming for an upscale, luxe vibe. They put jollof rice and tropical cocktails on the menu, offered hookahs for patrons to enjoy — and they banned diners under the age of 30.

Since opening its doors in May, the restaurant has operated with an unusual age restriction, allowing in only women at least 30 and men at least 35, rules that the owners have been defending as necessary to maintain the kind of “grown and sexy” atmosphere they’re aiming for. “This policy is in place to ensure a mature, sophisticated, and safe dining environment for everyone,” the restaurant said in a Facebook post.

The age restriction has polarized customers, but Pate and his team have defended them as needed to keep out a rowdy younger crowd. “It’s just something for the older people to come do and have a happy hour, come get some good food and not have to worry about some of the young folks who bring some of that drama,” assistant manager Erica Rhodes told local news outlet KSDK News.
Happy hours are billed as a civilized experience: “This is strictly for the grown and sexy, so we’re keeping it classy — ladies 30 and up, fellas 35 and up,” Bliss posted on Facebook.

. . . Johnson seconded that: “We are standing on this age restriction. It’s a brand and vibe we are trying to protect,” he said.

Legally, restaurants have the right to impose age limits because age is not a protected class in that context. Controversies around age restrictions usually have cropped up when restaurants ban children. Last year, Nettie’s House of Spaghetti in New Jersey, drew both rebuke and praise when it banned kids under 10, citing the noise and “crazy messes” they brought.

It’s far less common for such rules to target adults. But there are exceptions: In San Antonio, Horizons & More bills itself as a 30-and-up destination “for the grown & mature.” And in New York, cocktail bar The Auction House imposes a 25-and-up policy on Fridays and Saturdays.

Last year, two TikTokers shared a tale of being turned away from Melody’s Bar & Grill in Los Angeles because they weren’t old enough for the establishment’s 30-plus night. One response to the video seemed to come from someone who appreciated the idea of a 20-something-free zone: “I know it hurts right now, but when you are 30 you’ll understand.”

For more: 

- Protected Class. 

- Major Life Activity.

- Youth Age Discrimination.

- National Youth Rights Association.