A federal appeal court has reversed a lower court in a 2-1 decision and held a boy who was forced to eat his homemade gluten-free meal outside a restaurant that could continue its discrimination disputes against the establishment.  Eleven-year-old JD suffered from serious problems when he ate gluten, including stomach pain, cognitive impairment and temporary unconsciousness, according to Friday's 4th American Court of Justice ruling in Richmond, Virginia, in JD v Colonial Williamsburg Foundation.
On several occasions, even though his family was sure that a meal was gluten-free, he had still been ill, according to them. As a result, his family regularly prepared their food and packed separate tableware so that he could participate in school parties, parties and meals to the extent possible, according to judgment.
In May 201
JD's father arrived at his son's road in the US District Court in Newport News, Virginia, charging crimes against Title VIII of the Americans with disabilities, 504 in the Rehabilitation Law and State Law to Discriminate JD by excluding him from the hook and failing to change its policy against external food.
District Court concluded that while there was a real dispute over the essential fact of whether JD is suspended, he did not face the burden of being discriminated against because of his disability.
On appeal, the majority opinion agreed with the lower court that JD's deterioration could constitute a disability during ADA, but not alone on whether he may have been discriminated against.
In view of the gluten-free meal the chef had offered to prepare, the Court of Appeal "claimed that the JD's proposed amendment was not necessary in the light of this offer. We disagree."
A jury may well reject JD's evidence of the severity of his gluten intolerance, thus stating that the protocols at the Shield's Tavern were sufficient to account for their disability. "
" But in our opinion, JD has provided sufficient evidence at this stage to achieve a real dispute over essential The fact of the proposed accommodation is sufficient for its handicap, the court says.
"In summary, the court mistakenly overlooked the fact that JD repeatedly became ill after eating alleged gluten-free meals made by commercial kitchens.
"Until a jury resolves the disputes about the nature and extent of JD's disability, we cannot determine whether residents Shield's Tavern offered themselves, as well as it can be fully accounted for his disability.
" Accordingly, we claim that the JD's proposed change was not necessary to have an experience similar to his classmates, "said the majority opinion in turning the court and claiming the case for further proceedings.
The dissenting sentence said that the majority decision" forces restaurants over the whole fourth circuit to give up control over its most valuable asset: the food they serve. This is a terrible rule.
"It forces restaurants to allow customers to bring food that is prepared outside the premises, who knows what conditions contain who knows what ingredients.
" It exposes the restaurant's customers for public health risks, exposes the restaurants themselves to legal responsibility and deprives servers of much needed tips. The accommodation requested this case was not necessary due to the Tavern's offer of a gluten-free meal that was prepared in-house, dissent said.
Boy's lawyer Mary C. Vargas, a partner of Stein & Vargas LLP in Washington, DC, said the ruling is "obviously a critically important victory for JD, but is also a critically important victory for individuals who have celiac and food allergies and their families, because this gives them a seat at the table as well. "
Colonial Williamsburg's lawyer did not immediately respond to a request for comment.