Discrimination - Glutein-free

[Dittenheim]

Is there a celiac lawyer out there????

I ran into a problem in a restaurant in Rhode Island - they refused to substitute rice or a baked potato for the pasta that came with a chicken dish. After patiently explaining that I cannot ingest wheat products to both the waitress and manager, I was still told their policy was absolutely "No Substitutions" and that nothing could be done for me.

I wound up choosing another, less appetizing selection (which had a fries or baked potato option!!).

I was frustrated and embarassed over this incident and later wrote a letter of complaint to the RI Board of Human Rights. The Board felt my compliant was sufficient for them to initiate a case of discrimination against the restaurant in question.

The restaurant's response to the suit was that they were within their rights in denying me the accommodation of rice or potato instead of pasta!!!!

If there is someone out there who might be willing to take up this gaunlet, I will provide details of the complaint and the (extremely mean-spirited) response.

This restaurant had a ramp for wheelchairs and grab-bars in the bathroom - all I wanted was a potato or rice - WHICH THEY HAD ON THE MENU!!!!!!

I cannot believe that such a small accommodation, due to medical necessity, could be denied. Can anyone help?? I need to respond within the next week or so, so please get back to me as quickly as you can.

Thank you,

Lauren in New Jersey

[lovegrov]

I think it's a really stupid policy, but if they uniformly apply no substitutes to everybody, I'm not sure you have a valid complaint. I am not a lawyer; this is just my opinion.

richard

[Jnkmnky]

You do have a valid complaint. You should persue it. C.D. is listed under conditions protected by laws preventing discrimination to those with a disability. It is considered a disability. Good luck. I'm actually surprised the restaurant owners haven't realized how wrong they were.

[astyanax]

i'm in law school, and recently have been studying the americans with disabilities act for a paper i'm writing. from what i've read while researching my topic (which does NOT have to do with celiac) problems with food do not constitute disabilities under the ADA, which means there is no entitlement to reasonable accommodations. the size of the accommodation does not determine whether or not it's legally required.

i did a search on lexis (a legal database) and no state or federal cases came up on a search of both the ADA and celiac, or gluten intolerance.

[VydorScope]

I know your not gonna like this advice, but the best way to handle this is NOT a law suite. Its vai bad publicity, and telling ppl to stop eating there completely. We ppl stop eating there over it, they will change or go out of buisness. Thats how captialism is ment to work.

[Jnkmnky]

Open Original Shared Link

You could email these folks and see what they say. Good luck.

[Dittenheim]

You do have a valid complaint.  You should persue it.  C.D. is listed under conditions protected by laws preventing discrimination to those with a disability.  It is considered a disability.  Good luck.  I'm actually surprised the restaurant owners haven't realized how wrong they were.

<{POST_SNAPBACK}>

Hi - Can you cite the reference to C.D.'s listing? I got another reply that says it isn't covered:

problems with food do not constitute disabilities under the ADA, which means there is no entitlement to reasonable accommodations.

I just seems to me that people who are in the business of serving the public would want to be as friendly and accommodating as reasonably possible. This restaurant is just driving people away!

[Jnkmnky]

You have a valid complaint, and I'm thinking you're covered because of my experience with the schools. They are required to provide a gluten free meal to a child with c.d. if they're providing meals to other students. I used my local justice dept for a letter to a preschool that was trying to deny my son access to their school a few years back. They claimed they would be unable to assure he remained gluten free due to the school's homemade playdough, snacks, parties, unexpected treats. I checked with the Justice Dept through a phone call and was told my son was protected even if it was a privately run, church pre-school. The preschool relented as soon as I told them this. I was thinking you would be covered the same way. As usual...I could be wrong.

[Jnkmnky]

Btw...regardless of rights, I'd write an opinion piece in the local paper telling of my experience. Their adherence to a "no substitutions" policy in the face of an actual disability is appalling.

[KaitiUSA]

I would pursue something like that if it happened to me.Whether it be a law suit or just writing in the newspaper about it I do not know but I would not let it go. I really think that they need to learn they can't do that and if they get enough negative publicity over that then they will change. Find out what your options are and what the best way is to approach it. What's the restaurants name? Any chance a bunch of us can call and complain about their lack of accomodation to celiacs?

We pay them for the food and we should get what we want.

[astyanax]

i also think a lawsuit is a bad idea. first off, it's a private restaurant - they can serve to choose whatever food they want. and since you were able to eat there anyway i'm not sure exactly what your lawsuit would be based on, just that they wouldn't allow you to precisely order what you wanted? i'm not trying to be mean or insensitive (after all, i have celiac too) i'm just trying to give you a realistic legal perspective.

second reason i think a lawsuit is a bad idea, is that i don't belive every problem should be solved in courts. i wholeheartedly support boycotting, spreading negative publicity, etc.

[lovegrov]

"You have a valid complaint, and I'm thinking you're covered because of my experience with the schools. They are required to provide a gluten free meal to a child with c.d. if they're providing meals to other students."

I really think you're comparing apples and oranges. Should a bakery be required to provide gluten-free desserts and breads? Should a pizza restaurant with nothing gluten-free be required to change its menu to offer gluten-free items? How about Long John Silver's? Should we force them to change their breading to corn?

A few of you here know that I'm one of those flaming (well, not really flaming) liberals, so it might surprise you to discover that I think this is one the market should decide, NOT the goverment. If people don't like the restaurant's policy and word gets around, they go out of business.

Nothing wrong, however, with a newspaper story to apply pressure -- if you can convince a reporter that it's a good story.

richard

[jenvan]

Lauren-

I also wouldn't choose to respond with a lawsuit, first off b/c that is a lot of work for what is relatively speaking, a small offense. Secondly, for that sake of our own lives, we have to choose our battles, and I don't know if you are just beginning on the gluten-free diet or not, but I'm sure you have other negative experiences ahead of you as well. Is this a private or chain restaurant? Depending on which, I would write a formal letter to the corporate office, owner talking about the incident. Based on your response there, you could write an editorial, but I'd get all the facts straight before. Someone else posted on a similar incident in the past and it turned out the guy she dealt with was fired immediately afterwards b/c of other complaints. I honestly am not all up on the legal biz, but it would seem to me that a privately owned restaurant could serve what they wanted, period. I have never encountered a restaurant that wasn't accomodating, and if they weren't, I wouldn't care to be there anyway.

PS--What would you hope to acheive in a lawsuit? Just curious--like financially hurting the organization or trying to get publicity for Celiac? I am all about awareness--writing letters, phone calls, meetings, but not sure a lawsuit is the best way to do it. In this day-and-age, I personally think lawsuits are pursued far too much. Those are just my thoughts, good luck to you either way. I'll be curious to see what happens!

[Dittenheim]

Lauren-

I also wouldn't choose to respond with a lawsuit, first off b/c that is a lot of work for what is relatively speaking, a small offense.  Secondly, for that sake of our own lives, we have to choose our battles, and I don't know if you are just beginning on the gluten-free diet or not, but I'm sure you have other negative experiences ahead of you as well.  Is this a private or chain restaurant?  Depending on which, I would write a formal letter to the corporate office, owner talking about the incident.  Based on your response there, you could write an editorial, but I'd get all the facts straight before.  Someone else posted on a similar incident in the past and it turned out the guy she dealt with was fired immediately afterwards b/c of other complaints.  I honestly am not all up on the legal biz, but it would seem to me that a privately owned restaurant could serve what they wanted, period.  I have never encountered a restaurant that wasn't accomodating, and if they weren't, I wouldn't care to be there anyway. 

PS--What would you hope to acheive in a lawsuit?  Just curious--like financially hurting the organization or trying to get publicity for Celiac?  I am all about awareness--writing letters, phone calls, meetings, but not sure a lawsuit is the best way to do it.  In this day-and-age, I personally think lawsuits are pursued far too much.  Those are just my thoughts, good luck to you either way.  I'll be curious to see what happens!

<{POST_SNAPBACK}>

I didn't choose to sue the restaurant. I wrote a letter of complaint to the R.I. Commission for Human Rights in the hope that they would send a letter to the restaurant instructing them to be more sensitive and accommodating. It was the Commission that decided that this would make a good human rights suit and told me my complaint had been selected to go to suit.

My whole argument is that I was asking for a very minimal accommodation, not something that would in any way inconvenience them, and I was denied that.

I am hoping to get an opinion from a R.I. lawyer on this as they came back to me citing a refusal by the court to force a day care to accept a child with a severe food allergy when they said they couldn't guarantee the safety of the child.

It doesn't seem to me that one thing has much to do with the other, but I would really like to get a professional's opinion.

[VegasCeliacBuckeye]

I am a lawyer, I don't think you have a complaint that can result in the relief you are seeking.

Having said that, some bad publicity for the restaurant can always effect change.

What is the name of the restaurant and the address? You have a few thousand people on this website that could drop them a letter/e-mail telling them how much we disapprove of their actions.

JMO

[VegasCeliacBuckeye]

Also, the dish may be priced out because of the selections on the plate.

In restaurants, pasta is extremely cheap, potatoes are more expensive -- if this is the case, they do not HAVE to substitute items. It would be like going to Mc Donalds and telling them to substitute a milk shake for soda.

Having said that, I was suprised they did not offer an "upcharge" for the potato.

[skbird]

I think bad PR is the way to go. I'm a marketing person, so I know all about what PR does to a business.

Places with no-substitution rules are a pain. But I think most restaurants (and bars) usually have a "right to refuse service" policy, and maybe they could use that to back up their side. I've seen those signs hanging up in restaurants before.

Bad PR is cheap and easy. Probably the best way to go.

Stephanie

[Dittenheim]

I am a lawyer, I don't think you have a complaint that can result in the relief you are seeking.

Having said that, some bad publicity for the restaurant can always effect change.

What is the name of the restaurant and the address? You have a few thousand people on this website that could drop them a letter/e-mail telling them how much  we disapprove of their actions.

JMO

<{POST_SNAPBACK}>

Why do you suppose then the Commission for Human Rights choose my complaint to go to suit? I would have thought they they would have a pretty good handle on what is and isn't permitted and wouldn't choose something that didn't have a chance of succeeding.

I certainly would not have pressed the issue further than a complaint on my own.

[jenvan]

PR is powerful as Steph said. I wrote a letter to a restaurant, now they have gluten-free menus in house and I got a $50 gift certificate too. However, it was a place I wanted to go back too, and it was a chain, so they benefit by responding to the 'power of the people.' In my letter to them, I didn't only discuss celiac, I also wrote about other populations with special diets--ie. the 11 million people in the country with food allergies... fyi... I think pooling efforts with other groups helps get us leverage too...

[VegasCeliacBuckeye]

The commission may have taken the issue up to "pressure" the restaurant into changing their policy.

I just did a little legal research here in the office. I have been unable to find a law or case that would "force" the restaurant to offer substitute items. Restaurants can refuse service to anyone they desire as a private enterprise.

What is the name of the restaurant and the address? I'm sure a bunch of us will send them a message!

[KaitiUSA]

Yep, the best way to do it would be having a whole bunch of people call or write to them and let them know what we think. I'm sure if enough people said something that they would be more accomodating. After all, they do want people to come there.

[tarnalberry]

As was mentioned, that's the rub - they're a private enterprise and do have the right to refuse service. Bad PR is worth much more than a lawsuit as well - bad PR can drive them out of business quicker.

[Dittenheim]

My first course of action was to write to the restaurant - Cap'n Jack's of Wakefield, RI - detailing my complaints.

They didn't respond after two months, so I resent the letter and sent a copy to the Commission for Human Rights. That's how this ball got rolling.

I would have expected, since I had eaten at that restaurant several times before my diagnosis, that they would have preferred to keep my business and at least respond with a modicum of civility, but no such luck.

The only communication I received from them was an extremely nasty letter in response to the Commission's notice.

In the three years I've been gluten-free I have never experienced such an uncompromising, intractible establishment.

[mytummyhurts]

I agree with everybody that says it is a private business and they can do what they want to in this regard. You don't have to eat there and their punishment will be losing your business. Really, if they don't care about your special diet do you want to eat there anyways? Although, I realize that this has turned into more than that and you probably wouldn't eat there again even if they changed their policy after all you've gone through. And I agree that bad publicity will be your best bet. Have you written your local newspaper?

[debmidge]

This is an interesting topic but I think it boils down to revenue issues with restaurant. The subsitution had to do with their cost of pasta vs. potato.

The restaurant should adopt policy of "Substitutions due to allergies will be accomodated but will result in an additional charge of $1.00 for each substitution." for instance. There's also another way to show them how petty this is, go and order the meal you want, but tell them to hold the pasta - no pasta - and bring your own hot baked potato and see their reaction.

But it's hard to fight a restaurant and go back there to eat again. They may refuse to even let you in on their premises. You are morally right but they hold the upper hand to refuse you service on the premise that you are/were harrassing them (in their opinion).

Is this restaurant in an area where there's not much competition? Perhaps that's why they can afford to be mean.