Q: Is it illegal for a private business to ask a couple to leave simply because of their obvious, and large age gap?
So I’m a 23 year old Man who was dating a Woman that was 56 years old! We had decided to go to Universal Studios, and while we were standing in the queue for the Studio Tour we had been holding hands, and my girlfriend had been leaning on my shoulder at which point one of the employees had asked us to come with them for a moment at which point they told us that we were making people uncomfortable as a result of the obvious large age-gap between us! At which point they asked us to leave the park which of course we obliged by solely because Universal is private property! Would this be considered a Tort or Civil Wrong?
A:
Under California law, businesses have a broad discretion to refuse service or ask patrons to leave their premises, provided the reasons do not violate specific protected categories under anti-discrimination laws. These protected categories include race, religion, sex, sexual orientation, national origin, ancestry, mental and physical disability, medical condition, genetic information, marital status, gender, gender identity, and age. However, age protection typically applies to individuals who are 40 years old or older in the context of employment, and the laws directly addressing customer service are not as explicit regarding age discrimination.
In your situation, asking a couple to leave because of an age gap between them does not clearly fall within the prohibited categories of discrimination, such as those based on individual age. However, if the action can be interpreted as discriminating against one person for being in a specific age group, there might be grounds for a complaint. The circumstances you've described are unusual and do not comfortably fit into the categories typically protected under California’s anti-discrimination laws for public accommodations.
If you believe you were discriminated against unfairly, you may wish to consult with legal counsel to explore your options. They can offer guidance on whether your experience might constitute a civil wrong under California law, such as invasion of privacy or emotional distress, and what steps you can take next. It's important to gather all relevant details of the incident, as specifics matter greatly in legal assessments.
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