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P.F. Chang's Temporarily Dodges a Gluten-free Bullet
Jefferson Adams is a freelance writer living in San Francisco. His poems, essays and photographs have appeared in Antioch Review, Blue Mesa Review, CALIBAN, Hayden's Ferry Review, Huffington Post, the Mississippi Review, and Slate among others.
He is a member of both the National Writers Union, the International Federation of Journalists, and covers San Francisco Health News for Examiner.com.View all articles by Jefferson Adams
Celiac.com 08/05/2015 - Should restaurants be required to provide gluten-free food at the same prices it charges for regular gluten-containing items? That question is at the heart of a lawsuit brought by a woman who claims P.F. Chang's has violated federal anti-discrimination laws by charging more for gluten-free items. A federal judge has now "tentatively" dismissed that lawsuit.
P.F. Chang's had asked the judge in February to dismiss Anna Marie Phillips' class action lawsuit, claiming that her celiac disease does not make her a disabled person under the Americans with Disabilities Act. At that time, lawyers for Chang's urged U.S. District Judge Ronald Whyte to dismiss the suit to prevent what they termed a 'negative impact' upon restaurant industry as a whole.
Phillips originally sued P.F. Chang's in a California state court in December, but the case was later moved to U.S. District Court for the Northern District of California. According to the motion, the dismissal rests largely on the failure of the plaintiff "to plausibly allege that she is disabled under any applicable statute since her condition constitutes only a minimal limitation on the major life activity of eating."
In words that may raise the eyebrows of many people impacted by celiac disease, the judge goes on to say that the plaintiff can "still consume all gluten-free foods. No authority supports plaintiff's baseless position that she is disabled." P.F. Chang's also maintained that, because it charges the same price to all customers of its gluten-free items, it is charging based on the food cost, not adding a surcharge based on the gluten-free status of the customer, and is thus not discriminating on the basis of disability.
The class action suit states that because a gluten-free diet is medically necessary for individuals with celiac disease, gluten-free patrons have no choice but to order at the higher price.
Phillips brought suit on behalf of persons with celiac disease or gluten intolerance who ordered items from P.F. Chang's gluten-free menu in California within four years prior to the suit.
In an interesting legal wrinkle, the CEO of the Celiac Disease Foundation said in a February Legal Newsline article that it did not agree with Phillips' claims.
"Celiac Disease Foundation recognizes that restaurants bear a financial burden for the employee training and other accommodations that are required to serve meals that are safe for those with celiac disease," Marilyn G. Geller said.
P.F. Chang's cited the article in its motion to dismiss.
What do you think? If P.F. Chang's provide gluten-free food in accordance with the law, must it provide the food at the same price as its non-gluten-free items, or can it charge more to reflect its costs?
Read more at: Legalnewsline.com
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