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He paid for it in advance as part of his school field trip. He didn't have an option not to pay for it, and the restaurant visit also included other things that were supposed to be part of the educational and entertainment value of the trip. It's against the law to exclude him from that because of a disability.
He was not excluded because of his disability. Reasonable accommodations were offered and refused.
He could have eaten on the bus. He could have joined the other students with a beverage of his choosing. Likely he could have slipped his non-gluten sandwich out of his backpack and munched away and no one would have cared.
Instead, his father hauled in a cooler and proceeded to assemble a meal for the two of them in the restaurant.
In most places, it is against the local health code ordinances to assemble food in a restaurant and serve it to other patron(s). That's what his father was doing and this was likely in violation of local health code ordinances.
Which is why he was 86ed.
This hasn’t been decided yet one way or the other.
I think it is ridiculous the family is suing the restaurant but I get their point.
I've been on a few class trips with kids and gluten allergies and yeah -- it is scary for the parents. I've had kids bring in food from other restaurants and eat it and the restaurant that they didn't order from -- didn't say boo. They were glad to have the rest of the 200 kids eating there.
We have never had an issue.
I agree. What harm would there be for this one kid to eat his own food among the large group of others buying the restaurant food. I have also seen kids bring in food from other restaurants to dine with their team when we are out of town for ball games. No one cared.
Quote:
Originally Posted by Cantabridgienne
It's a slippery slope, for sure.
I don't blame the boy for not trusting a kitchen to be entirely gluten free: if he has severe celiac, then its in his best interest to not eat anywhere there could be cross-contamination.
Right. I have a friend who is allergic to pork and beef due to a tick bite. She went to eat with a group, she ordered chicken curry but it must have had some pork in it. She had to go to the ER.
I dont see the big deal in the restaurant making an allowance for one kid with allergies.
A law suit seems a bit extreme though.
I agree. What harm would there be for this one kid to eat his own food among the large group of others buying the restaurant food. I have also seen kids bring in food from other restaurants to dine with their team when we are out of town for ball games. No one cared.
Right. I have a friend who is allergic to pork and beef due to a tick bite. She went to eat with a group, she ordered chicken curry but it must have had some pork in it. She had to go to the ER.
I dont see the big deal in the restaurant making an allowance for one kid with allergies.
A law suit seems a bit extreme though.
I suspect a lot of this was in the delivery of the “request”. And why the father wouldn’t call the restaurant ahead of time is beyond me. Though having been a server, I can’t say I’m surprised. Some people really think “the customer is always right”.
Last edited by Cantabridgienne; 06-06-2019 at 09:48 AM..
Made a big deal? They OFFERED to make the kid a special meal. The FATHER brought in a cooler & started making sandwiches. Yeah, he had the obnoxious nerve to think that was appropriate. Really? The restaurant was the one making a big deal? The FAMILY is suing the restaurant? Did you know that? So tell us, after hearing the facts, who in this scenario is making the big deal? My god.
I think you are way too upset over my post.
I think actually the whole incident is overblown... there's too much drama in general these days.
I didn't make any comment about the family sueing the restaurant - I think that's ridiculous as well.
In fact I think the whole sueing culture in this country is ridiculous. People would sue their own mothers for giving birth to them. It's out of control.
All I'm saying is the restaurant could have just let the kid eat his own food and not make a drama out it.
Personally I don't have a gluten intolerance, or a peanut allergy, or diabetes or anything like that. I just sympathize with those who do. It can very be tough for them.
Okay, the restaurant offered to make the kid a special meal but you don't know what kind of experiences the kid has had to endure in the past. They may have been seriously ill. It's actually life threatening for some people. If you had had an incident like that you might only trust your own food.
I think society has to have rules and standards and guidelines , but once in a while, just have a bit of humanity and understanding.
Sometimes you can just let it go.
Same can be said for the family sueing the restaurant.
I suspect a lot of this was in the delivery of the “request”. And why the father wouldn’t call the restaurant ahead of time is beyond me. Though having been a server, I can’t say I’m surprised. Some people really think “the customer is always right”.
Yes, most likely is was in the delivery. Thats usually why these things go sideways. It seems humans are losing their ability to be civil and communicate effectively.
A lack of Common Sense and Hard Lining every issue is ruining how we interact with each other. Common sense would tell you that easing up on some rule the restaurant has made sense in this situation.
But like everything else in America, you either comply 100% or your trashed. Many voters that lean 60-70% toward the right or left get kicked in the face and abandoned by the Hardcore daily.
Its all 100% purity or nothing, we are nearing the Nazi playbook here.
I think actually the whole incident is overblown... there's too much drama in general these days.
I didn't make any comment about the family sueing the restaurant - I think that's ridiculous as well.
In fact I think the whole sueing culture in this country is ridiculous. People would sue their own mothers for giving birth to them. It's out of control.
All I'm saying is the restaurant could have just let the kid eat his own food and not make a drama out it.
Personally I don't have a gluten intolerance, or a peanut allergy, or diabetes or anything like that. I just sympathize with those who do. It can very be tough for them.
Okay, the restaurant offered to make the kid a special meal but you don't know what kind of experiences the kid has had to endure in the past. They may have been seriously ill. It's actually life threatening for some people. If you had had an incident like that you might only trust your own food.
I think society has to have rules and standards and guidelines , but once in a while, just have a bit of humanity and understanding.
Sometimes you can just let it go.
Same can be said for the family sueing the restaurant.
The restaurant didn't make a drama out of it. The father & kid did by now suing the restaurant......for having them eat outside......seriously? In what kind of world is that considered appropriate? If the kid has an allergy, the parents know about it & they could've called the restaurant or whatever. But to bring in a cooler & start making food right there in the restaurant? Beyond ridiculous. And then they sue. Come on.
The only thing I can think of to be a reasonable reason, to sue, would be if someone got sick from eating a supposedly gluten free meal, due to contamination.
A wheat allergy is serious, the stomach pain, the itching its really awful ingesting wheat, if you have an allergy. I deal with it too, but in no way is it comparable to a disability.
In this case there was no damage, no grounds to sue.
A boy with a “gluten allergy” was on a class trip and wanted to eat in a restaurant with his classmates. The boy refused to order from the gluten free menu. He tried to eat his homemade sandwich inside so the restaurant told him to eat outside. He sued: https://www.google.com/amp/s/www.tod...amp/tdna155488
4th Circuit ruled 2-1 that the case can go to a jury.
Try bringing your own food into ANY restaurant!
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