Controversy brewing over ‘adults only' swim time in Gaithersburg community

Did you hit the pool this Memorial Day? At many pools, there's a whistle blown every hour or so alerting everyone that it's time for adult swim! But if that's happening at the pool where you live, it could be breaking federal law. Some Gaithersburg residents found that out the hard way this holiday weekend.

No more adult swim at your neighborhood pool. The news is about to make this the best summer ever for kids at Quince Orchard Park, but the adults who wait each hour for that quiet relaxation time --- you're not going to like this.

People in the neighborhood along Great Seneca Highway were very confused about what the lifeguards were telling them each time they blew the whistle over the weekend.

"I grew up thinking it was time-out to help prevent fatigue but this weekend if the kids wanted to stay in the pool they could during this timeframe," one person told FOX 5.

The Homeowner's Association cleared up the confusion Tuesday afternoon in an email to residents of Quince Orchard Park. It explains that one man who lives in the neighborhood is an attorney and pointed out that Adult Swim is discriminatory. So, they've changed the rules.

Adult Swim has been replaced with "lap swim time," where anyone is free to use the pool as long as they swim laps.

It turns out Adult Swim is a Violation of the Federal Fair Housing Act in that it discriminates against families -- certain members of the family can't use the pool when other individuals can.

Attorney Todd Sinkins explained to FOX 5 that it only applies to pools owned and operated by an HOA or condo-type association and even though there are a lot of people who don't seem to know about it, it's been the law for years and subject to penalties.

Adult Swim is legal at public city and county pools or pools at a private swim club or athletic clubs, but there are a lot of neighborhood pools that don't seem to know about this -- or at least have never been called out.