Mr Randle told WAtoday.com.au he was forced to go to the tribunal when a US lawyer, with her three-year-old daughter in tow, was looking to holiday in WA a couple of years ago. Believing she would be refused accommodation at so-called adult retreats, she took 14 of them to the Equal Opportunity Commission. Mr Randle claims she also asked him for three nights free accommodation during the high season, to which he told her to "bugger off". Evidence tendered to the SAT says the woman was upset Chimes advertised on the internet as "adults-only" and "it does not appear (the woman) actually wanted to stay at Chimes Spa Retreat". The matter then went to mediation and Chimes applied for an exemption to the Act so it could advertise as "adults-only". Mr Randle - who said he advertised Chimes as adults-only to also adhere to advertising standards - argued that the retreat was unsuitable for children and tried to use the Occupational Health and Safety provisions of the Act to argue his case, saying the retreat, with high balconies and a large pond, among other things, was unsafe for children.

But he was knocked back by the SAT recently, with senior member Jill Toohey ruling that she could not accept Mr Randle and wife Michelle "should be allowed to determine their market and act accordingly". "Anti-discrimination legislation is by its nature restrictive," she ruled. "It would render much of the Act ineffective if a person could establish or operate a business inconsistent with the objects of the Act and then obtain an exemption on the basis of their commercial interests alone." Just for a laugh I tried to join a kids gym after this, but I was told I was too old. The ruling was welcomed by Equal Opportunity Commissioner Yvonne Henderson, who said the "growing proliferation of adults-only venues was of concern to parents with children wishing to access these facilities".

But it has infuriated and puzzled Mr Randle, who said it was "positive discrimination". "We tried to get the tribunal to recognise we cater for a segment of the hospitality market. We cater for that demand," he said. "We tried to get them to recognise that there's this (adults-only) sector out there. I mean, most of the people who stay with us have kids. "Parenting is stressful. They need a break from it. If we were a bungy jumping company or something, (the SAT) would be quite happy to give us that exemption, so why can't they just accept this. "Quite honestly, the law has good intent, but it's there to protect against negative discrimination. What we're doing is positive discrimination but they've dragged it out to ridiculous politically correct lengths."

In her ruling, Ms Toohey said Chimes' desire to cater for adults only was "understandable". "They are clearly not alone. A quick search of the internet shows numerous places advertising themselves for adults-only and it is reasonable to infer that they also decline to accept children. "However... it is not the role of the (Equal Opportunity) Commissioner or the Tribunal to monitor compliance with the Act or to prosecute apparent breaches." Mr Randle said he wanted tourism authorities to take up the fight: "They're government bodies and they should go to the people who write these laws and get them changed". "Just for a laugh I tried to join a kids gym after this, but I was told I was too old. Then I tried the Boy Scouts. Then I tried the CWA. I didn't get anywhere. What can I say. That's the law."

Ms Henderson said advertisers needed to beware breaching the Act by publishing advertisements contrary to it. Loading Chimes, where "the best room in the house" is available for $390 a night, is also for sale, with an asking price of $3.8 million.