Peanut allergies and the ADA

Posted on: Wed, 05/04/2005 - 1:24am
samirosenjacken's picture
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Joined: 09/30/2002 - 09:00

I contacted a lawyer about this about 18months ago. The letter I have from him states: "a federal appeals court case stated that children with peanut allergies are NOT disabled under the meaning of the ADA. While this is just one court's holding, the case has been cited with approval by other courts, there is no case decision holding the contrary, and it is consistent with current US Supreme court caselaw interpreting the defintion of disabled individuals. "

The lawyer urged me to have my daugther identified as disabled under the 504 so I would be able to "craft a safety plan for her."

I had contacted FAAN about this back then and their response was: "

It is generally accepted that severe food allergies qualify under the 504 and the office for civil rights, who overseas 504, will back us up on this. The ADA is generally applied to places of public accomodation such as restaurants, stores, movie theaters etcc And yes, there is no legal precedent equating the ADA with severe food allergies. That is why there is no legal requirement on the part of restaurants to accomodate food allergic persons."

If you are interested, the case that was cited was Land v Baptist Medical Center

When day care center refused to provide servises to the child with peanut allergies, the mother sued the center under the ADA and Arkansas Civil Rights Act. The US district court granted summary judgement for the day care center and the court of appeals held that a child's allergy was not a disability under either act.

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