November 07, 2024
Archive

Human rights panel says Maine inns can’t ban children

LINCOLNVILLE – Ray Donner says he has nothing against kids.

In fact, he and his wife, Marie, have two of their own, though they are grown.

But when the couple built the elegant Inn at Ocean’s Edge a few years ago, they decided their market niche would be couples who wanted a romantic getaway in a peaceful, oceanfront setting and made it their policy to ban children under the age of 14.

A couple from Hawaii, evicted two years ago from a room at the inn, won a ruling against Donner from the Maine Human Rights Commission on Monday because of that policy.

Though the couple and their 21-month-old son were finally evicted because the rooms have a two-person capacity, and not because they had the child with them, the human rights panel concluded there were reasonable grounds that Donner had discriminated against them on the basis of the child.

David Siegel, executive director of the Maine Lodging Association, said Tuesday that many innkeepers in Maine are probably unaware they cannot ban children from their establishments.

But he and Donner believe innkeepers should be able to signal to prospective guests that a particular inn is not suitable for children.

The rooms at the Inn at Ocean’s Edge go for almost $250 a night in the summer and include an old-fashioned-looking canopy bed, a large Jacuzzi and a gas fireplace.

The case that got Donner in trouble – and alerted him to the state law – began when a couple wanted to rent a room for newlyweds as a gift.

Gilbert and Elizabeth Riviere of Hawaii were in Camden for the wedding of Elizabeth’s sister. The Rivieres tried to pay for a room in advance for the newlyweds for a Saturday night, but were told there was a two-night minimum. They paid for two nights and, at about 10 p.m. Friday, decided they would use the room themselves.

Donner told the commission an employee saw Gilbert Riviere running into the building with what appeared to be a baby, shielded under his coat. Donner said he stood outside the couple’s room and heard a baby’s whine. He called the room from the front desk, and said they had to leave. The Rivieres refused, he said.

Donner called state police, but when the trooper arrived, he began to side with the Rivieres, suspecting – correctly – that an innkeeper could not ban children from the premises.

But when Donner showed the trooper the confirmation card stipulating the room’s capacity at two – which is linked to the inn’s septic system – the couple and baby were sent packing. Donner refused to refund the cost of the night’s stay, though he offered to refund it the next night. The Rivieres declined to take the one-night refund, but the room was not used.

Commission members seemed sympathetic to Donner’s plight, but said his policy was in clear violation of state law.

Lodging establishments of five or fewer rooms that also serve breakfast and whose owners live on the premises are able to ban children. Siegel said the law distinguishes between traditional bed-and-breakfast inns, which may have thin walls and are furnished with antiques, and the larger facilities.

The Inn at Ocean’s Edge has 27 rooms.

During Monday’s proceedings, commission member Warren Kessler bristled at Donner’s blaming the eviction on the room capacity.

The presence of the child, Kessler said, “seemed to be your main concern.” Donner’s defense of the policy “kind of grates on my ears,” he said.

While Donner said he knows not to turn away children again, the commission’s investigator pointed out that the inn’s Web site still indicates that the establishment may not be appropriate for children under 14, which is discriminatory.

If that disclaimer is illegal, then many lodging businesses are in trouble.

“This could have happened to anyone,” Greg Dugal, executive director of the Camden-Rockport-Lincolnville Chamber of Commerce, said Tuesday of Donner’s case.

He said his organization’s guide to the area features a grid showing lodging amenities. Under the heading “children welcome,” some establishments included a check mark, some left it blank, while others noted “12+” or “8+,” Dugal said.

A Chamber committee will discuss changing its publication, but he noted that a quick review of publications from Bar Harbor, Rockland and elsewhere in Maine revealed the same kind of listings.

Creating a policy on occupancy levels is recommended, Dugal said. In Donner’s case, every room has just one bed, and the inn does not own any cots that some hotels bring into rooms, so he could have stood behind the occupancy maximum without any tie to a septic license, he said.

Innkeepers can evict guests for being noisy – which theoretically could apply to children, Dugal said. But as a bottom line, he said, he will advise Chamber members that “kids are people, too.”


Have feedback? Want to know more? Send us ideas for follow-up stories.

comments for this post are closed

You may also like