Is child's swim diaper OK or is country club in hot water?

Is child’s swim diaper OK or is country club in hot water?

(As originally published, Thu, January 6th 2022, 11:43 AM EST)

BOYNTON BEACH, Fla. (CBS12) — A pool problem that happened more than three years ago has a local country club being sued for discrimination.

The issue is whether the property can ban a child “appropriately clothed and wearing a swim diaper” from the clubhouse pool.

Back on Dec. 13, 2018, David Yeager and Nicole Fischer had a 19-month-old daughter. They were guests of his parents, who owned a unit at Hunters Run Country Club in Boynton Beach.

The parents and grandparents say they were discriminated against because a club employee “demanded that the child be removed” from the pool and instead go to a kiddie pool.

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They claim that has also happened to other families, and their suit says the pool rule “is not motivated by legitimate concerns for health and safety reasons,” that there’s “no evidence of actual harm” to the club and has “a disparate and unreasonable impact on children.”

They want the court to rule there’s discrimination based on familial status, violating two counts of the Palm Beach County Code and two of the Fair Housing Act — and they’re asking for damages and lawyers’ fees.

Their lawyers told CBS12 News the club has not responded, so they’re filing a motion for default, and judgment in their favor.

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