Lawsuit 'Discriminatory' Gluten-Free Menu
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The mcdonalds lady used because the coffee was heated to an unsafe temperature and she was severely burned. That particular mcdonalds was told several times to turn down the temperature on their coffee and they did not. Not saying I would have sued in her position, but I definitely don't feel sorry for the McDonald's.
Guess what. Coffee needs to be brewed at unsafe temperatures, otherwise you get horrible tasting coffee.
Tea needs to be brewed at even hotter temperatures.
Do you like to spend $1.50 on coffee to tastes terrible?0 -
Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?0 -
NJGamerChick wrote: »lemurcat12 wrote: »
Meh. Maybe it affects the ability to eat, but it's still a personal choice to eat at a restaurant. You can make the case that said person has an option to go to a grocery store.
Now, the digestive issue? That's different because it can come on in an emergency. That's why Chron's/Colitis patients carry cards to show so that they can be let in to restaurants and such to use a bathroom.
It's a disability under the ADA(AA) which is what she is suing under. The ADA extends to places of public accommodations, such as restaurants, and requires that accommodations be made.
She's not suing under the federal ADA, but only the CA state version and various other CA state laws, unless I missed something in the complaint. (Presumably CA law also defines it as a disability, though.) She also does claim to have celiac.
Is she in Canada? According to the update article, restaurants get a tax break for incurred costs of serving a GF menu in Canada, so then her lawsuit could stand on murky grounds, but still, I don't think most of us who are GF really care about having to pay the extra money if it means we don't get sick.
CA=California. Sorry for the confusion.0 -
Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Apparently, yes.
And so I go back to my original comment on this thread.
I weep for humanity.0 -
Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Under US law...yes. What reasonable accommodation would you like to have?0 -
Translation: Truth has invalidated my belief, but I stand behind my belief!Adrianox85 wrote: »NJGamerChick wrote: »Peanuts aren't tree nuts.
I stand corrected but the statement is the same. There are products that list peanuts on shared equipment.
Result: sad feelings, deep in the area where my lungs might be.
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lemurcat12 wrote: »Adrianox85 wrote: »Devil's advocate here. Should a wheelchair bound person have to pay a surcharge on their order if a wheelchair ramp is installed for disabled people? Just curious what everyones opinion on that would be.
Under the law or morally? In any case, my answer is the same, of course not.
Question to you: if I'm allergic to chicken and thus my only options are the beef or shrimp, both of which are more expensive, has a restaurant violated my rights?
only if beef is made from wheelchairs.0 -
Translation: Truth has invalidated my belief, but I stand behind my belief!Adrianox85 wrote: »NJGamerChick wrote: »Peanuts aren't tree nuts.
I stand corrected but the statement is the same. There are products that list peanuts on shared equipment.
Result: sad feelings, deep in the area where my lungs might be.-1 -
lemurcat12 wrote: »NJGamerChick wrote: »lemurcat12 wrote: »
Meh. Maybe it affects the ability to eat, but it's still a personal choice to eat at a restaurant. You can make the case that said person has an option to go to a grocery store.
Now, the digestive issue? That's different because it can come on in an emergency. That's why Chron's/Colitis patients carry cards to show so that they can be let in to restaurants and such to use a bathroom.
It's a disability under the ADA(AA) which is what she is suing under. The ADA extends to places of public accommodations, such as restaurants, and requires that accommodations be made.
She's not suing under the federal ADA, but only the CA state version and various other CA state laws, unless I missed something in the complaint. (Presumably CA law also defines it as a disability, though.) She also does claim to have celiac.
Is she in Canada? According to the update article, restaurants get a tax break for incurred costs of serving a GF menu in Canada, so then her lawsuit could stand on murky grounds, but still, I don't think most of us who are GF really care about having to pay the extra money if it means we don't get sick.
CA=California. Sorry for the confusion.
I got that. I don't know if US has the same tax breaks as Canada, or if the state of CA does, so I'm saying, it could be a legit inquiry of sorts, in that they are being compensated twice, though I doubt it. IRS allows a person with Celiac to deduct additional costs of gluten-free products in their taxes, so additional costs for eating out could be itemized with proof of diagnosis.0 -
Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Under US law...yes. What reasonable accommodation would you like to have?
Are you an attorney?0 -
NJGamerChick wrote: »lemurcat12 wrote: »NJGamerChick wrote: »lemurcat12 wrote: »
Meh. Maybe it affects the ability to eat, but it's still a personal choice to eat at a restaurant. You can make the case that said person has an option to go to a grocery store.
Now, the digestive issue? That's different because it can come on in an emergency. That's why Chron's/Colitis patients carry cards to show so that they can be let in to restaurants and such to use a bathroom.
It's a disability under the ADA(AA) which is what she is suing under. The ADA extends to places of public accommodations, such as restaurants, and requires that accommodations be made.
She's not suing under the federal ADA, but only the CA state version and various other CA state laws, unless I missed something in the complaint. (Presumably CA law also defines it as a disability, though.) She also does claim to have celiac.
Is she in Canada? According to the update article, restaurants get a tax break for incurred costs of serving a GF menu in Canada, so then her lawsuit could stand on murky grounds, but still, I don't think most of us who are GF really care about having to pay the extra money if it means we don't get sick.
CA=California. Sorry for the confusion.
I got that. I don't know if US has the same tax breaks as Canada, or if the state of CA does, so I'm saying, it could be a legit inquiry of sorts, in that they are being compensated twice, though I doubt it. IRS allows a person with Celiac to deduct additional costs of gluten-free products in their taxes, so additional costs for eating out could be itemized with proof of diagnosis.
No, dear God, no.
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Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Under US law...yes. What reasonable accommodation would you like to have?
accommodations? hmm, I would like to have the option to know exactly what is on my plate before I order when I go out...oh wait...that already exists...called asking the waiter....hmmm this is hard since most restaurants are already very accommodating to most allergies and intolerance....
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tincanonastring wrote: »Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Under US law...yes. What reasonable accommodation would you like to have?
Are you an attorney?
I don't think would ever consciously admit to being one.0 -
NJGamerChick wrote: »lemurcat12 wrote: »NJGamerChick wrote: »lemurcat12 wrote: »
Meh. Maybe it affects the ability to eat, but it's still a personal choice to eat at a restaurant. You can make the case that said person has an option to go to a grocery store.
Now, the digestive issue? That's different because it can come on in an emergency. That's why Chron's/Colitis patients carry cards to show so that they can be let in to restaurants and such to use a bathroom.
It's a disability under the ADA(AA) which is what she is suing under. The ADA extends to places of public accommodations, such as restaurants, and requires that accommodations be made.
She's not suing under the federal ADA, but only the CA state version and various other CA state laws, unless I missed something in the complaint. (Presumably CA law also defines it as a disability, though.) She also does claim to have celiac.
Is she in Canada? According to the update article, restaurants get a tax break for incurred costs of serving a GF menu in Canada, so then her lawsuit could stand on murky grounds, but still, I don't think most of us who are GF really care about having to pay the extra money if it means we don't get sick.
CA=California. Sorry for the confusion.
I got that. I don't know if US has the same tax breaks as Canada, or if the state of CA does, so I'm saying, it could be a legit inquiry of sorts, in that they are being compensated twice, though I doubt it. IRS allows a person with Celiac to deduct additional costs of gluten-free products in their taxes, so additional costs for eating out could be itemized with proof of diagnosis.
No, dear God, no.
This is my reaction to my brain sometimes too.0 -
Someone may have already mentioned this but the outcome here will most likely not be a reduction in the price for gluten free meals weather she wins or not. They will probably pull all gluten free items before eating the difference in cost.0
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You have at best a position as defensible as a paper mache castle, yet you base your best debate tactics on interpersonal attacks and irrelevant analogies in an attempt to confound others into believing your preposterous claims.Adrianox85 wrote: »
Translation: Truth has invalidated my belief, but I stand behind my belief!Adrianox85 wrote: »NJGamerChick wrote: »Peanuts aren't tree nuts.
I stand corrected but the statement is the same. There are products that list peanuts on shared equipment.
Result: sad feelings, deep in the area where my lungs might be.
You have poor reading comprehension.
I wiggle my moustache in discomfort and disdain for your general position based on belief and not actual knowledge or fact.
*wiggle*
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Haven't made it through the whole thread, but my initial reaction after reading the OP and the subsequent disdain from people on this board is that perhaps the woman who filed the lawsuit either doesn't have Celiac's disease, or maybe has a mild gluten intolerance... and is just feeling particularly litigious... Most of the people who have commented and those that I know IRL who have gluten sensitivities are so grateful for actual gluten free products and restaurant options that they are more than willing to pay a little extra...
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tincanonastring wrote: »Disability is the consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.
how is celiac a disability...someone explain! if celiac is a disability does that mean my lactose intolerance is one as well?
Under US law...yes. What reasonable accommodation would you like to have?
Are you an attorney?
I don't think would ever consciously admit to being one.
?? I'm only asking because you seem to be well versed on ADA, but I've learned over time that familiarity with how a law is written doesn't always come with familiarity with how the law is interpreted.0
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