HOA changes swimming pool rules to eliminate adult swim time

HUMBLE, TX (KTRK) -- If you spent any time at your neighborhood pool, you probably dreaded hearing that whistle from the lifeguard symbolizing you had to get out of the pool for adult swim time. For grownups, it's a break time away from children.

Fall Creek resident Aaron Lindsey recently said, "We were in there swimming laps and they come whistling and like everybody out and I'm like we're adults, we can swim."

But, Fall Creek in Humble just changed its rules. No more adult swim. Instead, everyone is out of the pool for what's now called a safety break.

Resident Kathy Elder said, "That's crazy. I've never heard of anything like that before."

The rules changed because of a federal case in California that ruled adults only swim time discriminates against other association members who have children by treating them differently from those without children. That kind of differential treatment is also barred by the federal Fair Housing Act.

When told about the change, Lindsey also said, "Kids' rights are being violated when adults swim. Wow, okay, well I don't understand how that can affect a kid's rights for the parents to be able, because we bring our kids here and give them the right to swim."

An attorney for Fall Creek's homeowners association says it decided to end adult swim when it was rewriting its swimming pool contract to avoid any future issues.