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Can restaurants ban crying kids?

A mom took to Facebook claiming that the restaurant refused to serve her because she came in with a small child. The restaurant owner tells our sister station 12 News in Phoenix they did not and would never refuse to serve anyone.

SCOTTSDALE, Ariz. - An Arizona restaurant is getting some unwanted attention on social media. A mother took to Facebook and posted a scathing review after she claims the restaurant didn’t serve her because she came in with a small child.

The post reads:

"Hi Fellow Momas! I am not normally one to write a bad review, but I truly feel that I need to share our poor experience from last night at Sushi Sen!

We were so excited to try the new Sushi place in our neighborhood (McCormick Ranch – right across from the train park)! There were 4 adults and my adorable 1 year old daughter. We walked in without noticing the sign below. We stood and waited at the hostess stand for 5 minutes while being completely ignored. After walking past us 10 times, the manager finally ushered me and my daughter (who I was holding … no stroller … and who was behaving like an angel) right back out their front door and pointed to THIS sign. She then turned and walked right back inside without a word. Clearly we found womewhere else to have dinner!

Now, I completely understand adults wanting to have a nice dinner without children, but it was not like we walked into Roka Akor. This was a small/VERY casual sushi joint. One that we will NOT be visiting again."

The restaurant owner tells our sister station 12 News they did not and would never refuse to serve anyone.

“We want everyone to have a great experience,” said Ken Iida.

The restaurant, Sushi Sen, does, however, have a policy that unruly or uncontrollable guests (including kids) may be asked to step outside.

“In the past, we have had multiple incidents between customers arguing about children’s noise levels,” said Iida.

So the restaurant recently posted this notice in the front window and at the front counter:

"Dear Customers with children,

Lately, we’ve had a few unfortunate incidents among customers with crying children.

To avoid such conflicts, if your child starts to cry and/or to make a loud noise, we may ask you to bring your child outside until he or she has settled down.

Also, because of the limited size of our dining are, please refrain from bringing a stroller into the dining area. This will allow our staff and other customers to safely move around the area as well as adhere to the fire code in case of emergency.

We greatly appreciate your cooperation to make your and other customers safe and enjoyable dining experience.

Sushi Sen Management"

12 News reached out to attorney Monica Lindstrom to see if it is legal to refuse service to someone if they have a crying baby.

“Restaurants are allowed to refuse service to people or to ask them to leave if they are being disruptive or unruly, and that includes children,” said Lindstrom.

12 News reached out to the woman who posted about her experience at Sushi Sen but did not hear back.

The restaurant’s owner admitted his staff may have handled the situation better but also says his staff does not speak English that well. So by pointing out the policy, it was easier than to try and explain it.

He also said his server was just making the woman aware of the policy but did not refuse to serve her group.

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