Businesses such as restaurants sometimes exclude children under the age of 18, for example, from their premises. Businesses generally have the right to do so unless there is a local ordinance, for example, that prohibits restaurants from excluding children.

Restaurant policies that exclude children—sometimes referred to as prohibitions or bans on children by opponents of the policies—may be motivated by the restaurant’s concerns about noise, safety, or wanting to create a quiet, intimate setting for their customers.

Opponents of restaurant policies excluding children may claim the policies are discriminatory, but federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) only prohibit discrimination based on race, color, sex, religion, national origin, or disability (protected classifications). Age is not a protected class in this context. Age is a protected class in the employment context and the Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees and job applicants over age 40—but that law has no bearing on a business’s right to exclude customers based on their age.

In South Carolina, businesses, including restaurants, generally have the right to exclude children under the age of 18 from their premises unless there is a specific local ordinance that prohibits such exclusion. The federal Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) protect against discrimination based on race, color, sex, religion, national origin, or disability, but do not include age as a protected class in the context of service to customers. Therefore, restaurants in South Carolina can implement policies that exclude children if they choose to do so for reasons such as noise control, safety, or creating a certain ambiance, without violating these federal anti-discrimination laws. It is important to note that while age is a protected class under the Age Discrimination in Employment Act (ADEA), this protection is specific to employment and does not apply to the service of customers in a business setting.