【大阪】未就学の子連れ「お断り」に賛否広がる…だし巻き玉子専門店の決断、飲食店はどこまで客を断れる？
An Osaka tamagoyaki (Japanese rolled omelet) specialty shop has ignited a fierce online debate by implementing a "no preschoolers allowed" policy.
While some voices show understanding for the restaurant's stance, others strongly criticize it as being unsupportive of families raising young children.
The decision is currently at the heart of a heated discussion, with strong opinions emerging from both sides.
Related Keywords
Principle of Freedom of Contract
A fundamental principle in Japanese civil law, stating that individuals and corporations are generally free to decide with whom and on what terms they enter into contracts. This principle applies to restaurant operations, granting establishments the right to choose whom they serve. In this case, the tamagoyaki specialty shop's decision to restrict entry to customers with specific attributes—"preschoolers"—is considered to be based on this principle. However, this principle is subject to limitations for public welfare, with unreasonable discrimination based on race, creed, sex, social status, or family origin prohibited by the Constitution. Therefore, the discussion focuses on how "reasonable" an age-based restriction like "no preschoolers" is considered legally. Many precedents tend to uphold age restrictions if they are based on reasonable grounds related to the restaurant's operational policy (e.g., providing a quiet environment, preventing damage to expensive tableware). However, the scope of such "reasonableness" fluctuates with changing societal values. While this principle allows businesses to pursue unique concepts and select clientele accordingly, it also creates the challenge of balancing this freedom with societal diversity and inclusivity.
Customer Harassment (Kasuhara)
Refers to all acts by customers that inflict mental or physical distress on employees or businesses, such as excessive demands, unreasonable complaints, violence, verbal abuse, or harassment. In recent years, it has become a serious issue, particularly in the service industry, with Japan's Ministry of Health, Labour and Welfare publishing a "Customer Harassment Countermeasures Corporate Manual" in 2023 to encourage companies to take action, indicating its widespread recognition as a social problem. Specific examples of customer harassment in restaurants include parents' irresponsible attitudes when children run around the store disturbing other customers or damaging expensive items, or unreasonable complaints to staff. These actions increase employee stress, lead to resignations, damage the store's brand image, and severely impact business operations. The decision to "prohibit preschoolers" in this case is highly likely to have been made as a countermeasure against such potential risks of customer harassment or past incidents. While establishments often position this as a "self-defense measure" to maintain service quality and protect the comfortable environment for other customers and employees, it also has a complex aspect where an across-the-board restriction might be criticized as "excessive," given that not all customers with children engage in harassment.
Child and Child-rearing Support
In Japan, where the declining birthrate is an urgent social issue, this refers to various policies and initiatives by the government and local authorities aimed at economically and socially supporting child-rearing families and creating an environment where children can be born and raised with peace of mind. Specifically, it encompasses a wide range of measures such as expanding child allowances, making childcare services free or expanding them, establishing parental leave systems, and enhancing sick child care and temporary childcare services. For example, the "Children's Future Strategy Policy" was approved by the Cabinet in 2023, including measures like removing income limits for child allowances, extending the payment period, and reducing higher education costs, indicating strengthened support. Amidst the growing momentum for creating a "society where it's easy to have and raise children," a restaurant's decision to restrict entry to preschoolers might, at first glance, seem to contradict national and societal child and child-rearing support efforts. It is understandable that parents raising children express dissatisfaction, saying things like, "Can't we even eat out freely?" or "This society makes it hard to raise children." However, this issue is a complex one where two different perspectives—"the freedom of business operations" and "social consideration for child-rearing families"—clash, and it cannot be simply dismissed as "contrary to child-rearing support." While promoting child-rearing support across society, it is necessary to deepen discussions on what roles individual businesses and places should play.