Tuesday, October 02, 2007

It Depends Upon How You Phrase It

At last weekend's legal seminar, I reminded my audience that the Fair Housing Act's protections against familial status prohibit discrimination against families with children, and as a result have resulted in fines against associations who require children to wear diapers in the pool.

So, remember that if you require anyone to wear diapers in the pool, your rule must be age neutral. "Those requiring diapers must wear them in the pool" is OK; "Children must wear diapers in the pool" is not.


  1. According to the Utah State Health department it is against the health code for "unpottytrained" persons to swim in a public pool. Association pools are considered public pools. That is the way I understand it from the health inspector. The reason for this is clear and the evidence comes from last years outbreak in Utah pools. Correct me if I am wrong.

  2. Thanks for the comment. I attached some info on the new rules above; as I understand it, the "unpottytrained" are not prohibited, but must weare diapers.