Tinton Falls Italian Restaurant Bans Children Under Age 10

TINTON FALLS, NJ — An Italian restaurant in Tinton Falls made a bold announcement this week: They are no longer allowing children inside.

The restaurant is Nettie's House of Spaghetti, and they made the announcement Thursday on their Facebook page:

"As of March 8, the day we return from our winter break, we will no longer allow children under 10 to dine in the restaurant," the restaurant wrote.

"We love kids. We really, truly, do. But lately, it’s been extremely challenging to accommodate children at Nettie’s," the small business continued. "Between noise levels, lack of space for high chairs, cleaning up crazy messes, and the liability of kids running around the restaurant, we have decided that it’s time to take control of the situation. This wasn’t a decision that was made lightly, but some recent events have pushed us to implement this new policy. We know that this is going to make some of you very upset, especially those of you with very well-behaved kids, but we believe this is the right decision for our business moving forward. Thank you for understanding."

While the New Jersey Attorney General and the state Division of Consumer Affairs did not immediately respond to Patch, it appears it is legal for a business to refuse to admit or serve children"

"Businesses are given leeway to set their own rules and have the right to refuse service. However, under federal law (The Federal Civil Rights Act of 1964 and the Americans with Disabilities Act), business owners are only prohibited from discriminating based on race, religion, national origin or disability. Age is not a protected class," according to this blog post from Lindley Law, a law firm based in North Carolina. "There is a prohibition on discrimination based on age, but it only applies in employment situations, and only to those 40 and older. It has nothing to do with whether a business owner can prohibit children in his or her establishment."

"As such, the answer is 'yes, it is completely permissible' for restaurants to ban children of any age unless there is a local ordinance to the contrary," the law firm continued. "However, any restaurant implementing such a policy should be warned that the public outcry may hurt their reputation. Then again, maybe it will increase their reservations."

Nettie’s House of Spaghetti co-owner Tania Calabrese declined to comment further when NJ.com/NJ Advance Media called the restaurant Thursday night.

“It’s become a liability to us — kids running around the restaurant in circles when we’re trying to carry trays of food and drinks has made doing our jobs extremely difficult," the restaurant wrote back to one commentor on Facebook.

Nettie's House of Spaghetti has only limiting comment turned on for the post, meaning they can decide who comments. As such, most comments were positive and in support of the move.

"Fantastic idea… having worked in the industry since I was 14, i’ve never seen anything like I have in the recent past. Kids are out of control and most parents are oblivious. The disregard for manners and common decency is unreal. Good for you for taking a stand," wrote one user.

"There's always take out if the kids really want to try it. Not all restaurants are fit for a "family atmosphere,'" wrote another.