# New California Law? "adult pools"



## LynnW (Apr 23, 2014)

We are at the Oasis Resort in Palm Springs right now and this is our third stay here. We always enjoyed the beautiful grounds and were looking forward to the adult pool. When we checked in we found out that they on longer have an adult pool because it is against the law in California.  We were told it discriminates against families even though there are 8 pools on the property. Has anyone heard of this? We have stayed at many resorts in the area and have never heard of such a thing.

Lynn


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## DeniseM (Apr 23, 2014)

Baloney - A law like that would not apply to private property.


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## persia (Apr 23, 2014)

http://www.davis-stirling.com/tabid/1232/Default.aspx#axzz2zjKBxQsH


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## riverdees05 (Apr 23, 2014)

http://www.davis-stirling.com/tabid/...#axzz2zjKBxQsH 

Interesting, to say the least!


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## bogey21 (Apr 23, 2014)

DeniseM said:


> Baloney - A law like that would not apply to private property.



Really?  

I'll bet you also don't believe that the BLM can take a rancher's deeded property here in Texas as they are currently trying to do.   Truth is Governments, Federal, State and Local can darn well do whatever they please.

George


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## Elli (Apr 23, 2014)

LynnW said:


> We are at the Oasis Resort in Palm Springs right now and this is our third stay here. We always enjoyed the beautiful grounds and were looking forward to the adult pool. When we checked in we found out that they on longer have an adult pool because it is against the law in California.  We were told it discriminates against families even though there are 8 pools on the property. Has anyone heard of this? We have stayed at many resorts in the area and have never heard of such a thing.
> 
> Lynn


We just came back from there, Lynn, and decided not to stay there again.  We much prefer Desert Breezes in Palm Desert.


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## presley (Apr 23, 2014)

I recently read that Worldmark would no longer have adults only swim hour.  I haven't heard anything from my Grand Pacific resorts, but they both have adult only pools.  I'll post in the future if they ever get rid of those.  That would really take away from my ownership if they do.


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## tashamen (Apr 23, 2014)

presley said:


> I recently read that Worldmark would no longer have adults only swim hour.  I haven't heard anything from my Grand Pacific resorts, but they both have adult only pools.  I'll post in the future if they ever get rid of those.  That would really take away from my ownership if they do.



The same goes for me with Club Intrawest in Palm Desert.  One of the reasons we love it there is the adult-only lap pool environment.


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## klpca (Apr 23, 2014)

Marriott Desert Springs Villas has "quiet pools" vs adult pools. Occasionally there's a kid there, but for the most part, it's peaceful.


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## rickandcindy23 (Apr 23, 2014)

bogey21 said:


> Really?
> 
> I'll bet you also don't believe that the BLM can take a rancher's deeded property here in Texas as they are currently trying to do.   Truth is Governments, Federal, State and Local can darn well do whatever they please.
> 
> George



Unfortunately.  

Still it's private property, so you would THINK the government would not dictate.  But all it takes is one lawsuit.


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## Fern Modena (Apr 23, 2014)

Being a devil's advocate, the ADA law applies there, doesn't it??  The answer to that is generally yes (there are exceptions).

Timeshares are not private party. They rent units, and are considered public accommodations as far as the law goes.

Fern



DeniseM said:


> Baloney - A law like that would not apply to private property.


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## Ken555 (Apr 23, 2014)

Lots of pools at California hotels and resorts have adult only pools. For example, I believe Westin Mission Hills still has an adult only pool, and that's just a few miles from Palm Springs.


Sent from my iPad


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## Gophesjo (Apr 23, 2014)

People!  Did you not note that this is federal, not state?  Its coming to all of our resorts.


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## BevL (Apr 23, 2014)

I would wager that there will still be "quiet pools".  That's a big factor in why we like larger resorts.  

I guess with a "quiet pool" concept, there might be those that drag their kids in, allow them to annoy old(er) people like us with a "watcha gonna do about it" kind of attitude.  Alternatively, people of that ilk are frequently  more annoying than their children.

Interesting though.


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## Ken555 (Apr 23, 2014)

Gophesjo said:


> People!  Did you not note that this is federal, not state?  Its coming to all of our resorts.




Gophesjo! Did you not take note that it doesn't stipulate restrictions on noise or other limits? There will likely be ways to provide a quiet pool experience, which is what I suspect most people want when going to an adults only pool.


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## Ken555 (Apr 23, 2014)

BevL said:


> I would wager that there will still be "quiet pools".  That's a big factor in why we like larger resorts.
> 
> 
> 
> ...




Exactly! 


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## VegasBella (Apr 23, 2014)

tashamen said:


> The same goes for me with Club Intrawest in Palm Desert.  One of the reasons we love it there is the adult-only lap pool environment.




My experience is that the adult pools are too warm for real lap swimming. Lap pools should be about 82 degrees. Any hotter and a swimmer would overheat. The "lap pool" might be large and rectangular but rarely is it an actual lap pool, unfortunately. Usually it's more suitable for aqua aerobic(arthritis foundation wants the pool around 85-90 or so degrees) or just lounging, not lap swimming. Children should usually swim in water on the warmer side, particularly young children (under 5). 


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## LynnW (Apr 24, 2014)

The last couple of times in Palm Desert we have stayed at the Marriott Villas 1 and Westin Mission Hills. DSV1 had an adult pool and a quiet pool and I believe the Westin just had a quiet pool. Anyway it has quieted down here now after last weekend but the units are really in need of updating. Old tube TV's. 

Elli we also like Desert Breezes. Will be back at the Marriott in Nov so we'll see what happens there.

Lynn


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## Gophesjo (Apr 24, 2014)

I did, Ken, and agree with you that there are ways around the issue.  I was only trying to point out that this is not just a California law, but is rather a federal law that will need to be dealt with by all of our resorts that seek to isolate adults from noisy and splashy kids and teens.



Ken555 said:


> Gophesjo! Did you not take note that it doesn't stipulate restrictions on noise or other limits? There will likely be ways to provide a quiet pool experience, which is what I suspect most people want when going to an adults only pool.
> 
> 
> Sent from my iPad


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## ronparise (Apr 24, 2014)

DeniseM said:


> Baloney - A law like that would not apply to private property.



I think you are wrong Denise

Worldmark is changing their pool rules to comply too.   Worldmark always had 2 hours a day set aside for adults only. No more. and the reason given for the rules change is the same as what the op says at their resort.


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## tashamen (Apr 24, 2014)

VegasBella said:


> My experience is that the adult pools are too warm for real lap swimming. Lap pools should be about 82 degrees. Any hotter and a swimmer would overheat. The "lap pool" might be large and rectangular but rarely is it an actual lap pool, unfortunately.



LOL - I don't actually swim laps (or much at all)- I just like the atmosphere at this one particular pool because of what's around it.  It's the fact that it's adults-only that appeals to me, not that it's a lap pool.  I'm sure swimmers (as opposed to those of us who just hang out at the pool and dip in every once in a while to cool off) know whether it's a real lap pool.


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## Elli (Apr 24, 2014)

LynnW said:


> The last couple of times in Palm Desert we have stayed at the Marriott Villas 1 and Westin Mission Hills. DSV1 had an adult pool and a quiet pool and I believe the Westin just had a quiet pool. Anyway it has quieted down here now after last weekend but the units are really in need of updating. Old tube TV's.
> 
> Elli we also like Desert Breezes. Will be back at the Marriott in Nov so we'll see what happens there.
> 
> Lynn


You are so right, Lynn, about that resort needing some upgrading.  Plus no safe in the unit, no hand lotion or shampoo in the bathroom, hardly any dishwasher detergent, etc.  We are still so used seeing these items in other resorts, we don't always think about bringing our own stuff.


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## ricoba (Apr 24, 2014)

Our HOA in Vegas has three pools.  An adult pool, a family pool and a kiddie pool.  All in different areas of the HOA. 

Surprisingly, the family pool is the least busy of the two larger pools.  So, if I am in a huff and don't want to visit with other old farts, then I go to the family pool and am usually the only one, all by myself. 

Though there are lots of times when I do feel social, so I go hang out with the other golden oldies!  

OTOH, in our HOA in CA, we only have one pool so lots of times there are kids there, but on the weekdays, it is usually quite.  

My dream is to perhaps someday have our own backyard pool in Vegas, but for now that's just a dream.


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## siesta (Apr 24, 2014)

DeniseM said:


> Baloney - A law like that would not apply to private property.


sure it will if it was authorized by state or fed. statute(for example here the fair housing act, and the only reason senior-only pools are exempt is because of HOPA enacted in 1995)

For example, during the segregation days, the private establishments that didnt want to serve blacks would say its private property.  Well Title II of the civil rights act of 1964 sure took care of that argument.


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## siesta (Apr 24, 2014)

bogey21 said:


> Really?
> 
> I'll bet you also don't believe that the BLM can take a rancher's deeded property here in Texas as they are currently trying to do.   Truth is Governments, Federal, State and Local can darn well do whatever they please.
> 
> George


 BLM manages federally owned land, land held for the public.

Btw, if it was true that the state or fed. wanted to take his, yours, or my deeded private property they can. Its called eminent domain, and they are required to pay fair market value for it. That is constitutional.


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## persia (Apr 26, 2014)

Without eminent domain there would be no freeways (and tollways) in the US.



siesta said:


> BLM manages federally owned land, land held for the public.
> 
> Btw, if it was true that the state or fed. wanted to take his, yours, or my deeded private property they can. Its called eminent domain, and they are required to pay fair market value for it. That is constitutional.


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## T_R_Oglodyte (Apr 26, 2014)

siesta said:


> BLM manages federally owned land, land held for the public.
> 
> Btw, if it was true that the state or fed. wanted to take his, yours, or my deeded private property they can. Its called eminent domain, and they are required to pay fair market value for it. That is constitutional.



Traditionally that was also proscribed by the requirement that the government demonstrate a public need for the land.  The government was not allowed to exercise eminent domain simply because it wanted to do. Because, unfettered in that fashion, eminent domain could be used selectively to accomplish political ends or to reward political allies and punish foes. 

Thank God that we have a court system in the US that would never countenance the taking of land just because government agencies find it convenient to do so.


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## VegasBella (Apr 27, 2014)

tashamen said:


> LOL - I don't actually swim laps (or much at all)- I just like the atmosphere at this one particular pool because of what's around it.  It's the fact that it's adults-only that appeals to me, not that it's a lap pool.  I'm sure swimmers (as opposed to those of us who just hang out at the pool and dip in every once in a while to cool off) know whether it's a real lap pool.




Well that's sort of my point. Many resorts with large rectangular pools  act like they're lap pools. It's like if a resort boasted about their fine tennis courts and then you get there and find out the court's the wrong size; it's just a cool hang-out for the "adults-only" crowd. How ridiculous! Can you even imagine resorts having "adults-only" tennis courts with the wrong specs for the game?

When I was a kid (and through my teens) I swam competitively. I was always annoyed by ridiculous age restrictions on pool use. I was a far better swimmer (and also more quiet) than the vast majority of adults "using" the "lap pool."


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## siesta (Apr 27, 2014)

T_R_Oglodyte said:


> Traditionally that was also proscribed by the requirement that the government demonstrate a public need for the land.  The government was not allowed to exercise eminent domain simply because it wanted to do. Because, unfettered in that fashion, eminent domain could be used selectively to accomplish political ends or to reward political allies and punish foes.
> 
> Thank God that we have a court system in the US that would never countenance the taking of land just because government agencies find it convenient to do so.


Well public need has been broadened recently, essentially stretched to the point that the justification could be the state could take it for a purpose that will yeild more tax revenue. Like taking your home and acreage for the purpose of a shopping center. This caused quite a stir, and recently in 2005 the US Supreme Court came down with Kelo v. New London, a 5-4 decision that came down on the side of the local governments.  This gave new power to local governments that to tear down businesses and homes to build whatever they deemed a benefit the community such as hotels, malls, condos, etc. quite frankly, It was a win for developers and a loss for the property owner

As a result, more then 30 states passed laws making the public need language very narrow. But they dont have to, and that can change


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## stoniest13 (Sep 8, 2014)

klpca said:


> Marriott Desert Springs Villas has "quiet pools" vs adult pools. Occasionally there's a kid there, but for the most part, it's peaceful.



It seems like quiet pools would be a good solution -- our daughter is very quiet and polite and just wants to swim around, and even she can't stand the "kid pools" with the constant shrieking and overly wild behavior -- but obviously we don't let her go in "adult pools" -- we would have no problem letting her use a "quiet pool," though, and I can't imagine any adult being disturbed by her. Sounds like a win-win.


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