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Pa. Restaurant McDains Bans Kids Under Age 6

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By Cynthia Hsu, Esq. on July 12, 2011 6:43 AM

Annoyed with those crying, whiny kids dining right next to you on your date night? Maybe you should take your date to McDain's, which has imposed a kids ban against all children under the age of 6.

McDain's, located outside of Pittsburgh, Pennsylvania, started the policy because of customer complaints, reports WFMY-TV.

Mike Vuick, the owner of McDain's, said that reactions have been mixed, WFMY-TV reports.

Vuick says that McDain's is simply just not the type of place for young kids. Especially since young children's volume levels may be difficult to control, which may disturb other customers.

And, the new rule will have no exceptions. Vuick says he doesn't hold anything against babies, but it's just that they simply cannot be easily monitored, reports WTAE-TV.

And, customers who don't like Vuick's policy will just have to take their children elsewhere - probably someplace that is slightly more kid-friendly.

There aren't laws that prohibit business owners from making a "no kids" ban. Under federal law, places of public accommodation, including places of food, lodging, entertainment or gasoline, cannot discriminate against customers on the basis of race, color, religion or natural origin.

Where do "babies" and "kids under 6" fit into this scheme? They actually don't. There is no federal law being violated under Vuick's new restaurant policy.

However, senior citizens are a protected class under the law, reports WTAE-TV. As a result, having a "no senior citizens" rule would have pushed Vuick over into breaking the law.

For now, whether you like it or not, McDain's is still kid-free. The kids ban is sure to attract those who enjoy having a quiet dinner - but is also sure to attract the ire of irritated parents who might object to the new rules.

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