In one of the more outrageous moves by the Justice Department’s
bloated civil rights division, a private college was strong armed into a
legal settlement in which it agreed that food allergies are a
disability under federal law.
The story got little coverage as the Department of Justice (DOJ)
quietly persuaded the Massachusetts College, Lesley University, to
change its campus menu and serve certain foods to accommodate students
with allergies. The preposterous case was brought to Judicial Watch’s
attention by Robert Popper, who at the time was a Deputy Chief at the
DOJ’s Voting Section. Popper, an esteemed attorney, currently helps lead
JW’s Election Integrity Project.
The allergy drama was brought to the DOJ by students who complained
that Lesley University didn’t provide enough gluten-free food
alternatives and therefore the college failed to accommodate the needs
of those with gluten-free diets. The worker bees in the DOJ’s civil
rights division, always quick to play the discrimination card, found
that the students could not “fully and equally enjoy the privileges, advantages and accommodations of its food service and meal plan system.” This includes the benefits of eating with other students and faculty on campus.
So the feds got to work, pressuring the small college that
specializes in education, writing and fine arts programs into changing
its menu. How? By accusing the school of violating Title III of the
Americans with Disability Act (ADA). “Food allergies may constitute a
disability under the ADA,” according to the settlement
between the college and the feds. “Individuals with food allergies may
have an autoimmune response to certain foods, the symptoms of which may
include difficulty swallowing and breathing, asthma and anaphylaxis.”
Sounds pretty dramatic, but the food industry is now fearful of the
widespread consequences of this decree. In fact, it leaves all
facilities that serve food—schools and restaurants—exposed to legal
challenges if they don’t accommodate people with food allergies. Thomas
Perez, the Obama appointee who headed the DOJ’s Civil Rights Division at
the time, confirmed this in a statement after the settlement. “The
agreement ensures that Lesley’s meal program is attentive to the
schedules and demands of college students with food allergies, an issue
colleges and universities across the country need to consider.”
Reading between the lines this means the federal government will make
sure colleges and universities across the country cater to students
with food allergies. A food research group wrote on its online publication that
the “quiet DOJ ruling may have a big impact on the restaurant industry”
as well. A national law firm that specializes in healthcare and
employment litigation confirms it will have “far-reaching implications for virtually every facility serving food.”
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- This site is the inspiration of a former reporter/photographer for one of New England's largest daily newspapers and for various magazines. The intent is to direct readers to interesting political articles, and we urge you to visit the source sites. Any comments may be noted on site or directed to KarisChaf at gmail.
Friday, October 18, 2013
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