Marina Point, Ltd. v. Wolfson


Court: CA Supreme Court

Facts: Public land is leased to Marina Point, a private landlord. The Wolfsons have a child just after Marina point alters its policy in order to exclude children. The manager finds out, and declines to renew the lease.

Posture: Municipal court says children aren't a protected class, and entered judgment in favor of the landlord. Appeal.

Issue: Does this policy violate the Unruh act?

Holding: Yes.

Rule: All arbitrary discrimination is prohibite in all business establishments.

Reasoning: Renting is a kind of business. Arbitrary discrimination is prohibited (e.g., hippies). You can exclude kids who have been disruptive, but you can't exclude kids as a class-- that's arbitrary. There's no compelling societal interest served here; in fact, societies should protect their young, and it's hard for families with kids to get housing as it is.