Would they be in violation of the act if they did not offer these alternatives at all?
this post was submitted on 17 Mar 2024
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What about the extra charge for gluten free buns? Or vegan chese? Or impossible burgers? If I can't ride my bike up big hills can i get an e-bike for the same price? If I'm very tall can i get an airplane seat upgrade for free?
gluten free buns
For people with gluten intolerance, they'd have a similar case. Lactose intolerance isn't a choice just as much as gluten intolerance isn't a choice.
Source: I've had a friend who has had celiac disease his whole life. I was jealous of him in high school because he was always so skinny, and I didn't know he had it. Not fucking jealous anymore.
Yeah. I have a friend who can't have onions, garlic, dairy, or gluten. At least dairy and gluten have decent subs now. Losing onion and garlic would be miserable!
I have Celiac Disease and let me tell you, I would love to see gluten free items cost the same as regular foods. The only thing you apparently can do is to include an itemized list of GF items you've bought over the year and include it in your tax return. However, the amount of bureaucracy is probably a great deterrent for people like me to not do this and just eat the extra cost.
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(7 replies)
I don't think that this will mean that all non-dairy creamers would have to be given for free.
It would only mean that one non-dairy creamer would be. Oat, almond, soy milk are probably the more expensive types of non-dairy creamers.
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(3 replies)
This is the same as the argument that tall people need more leg room on a plane, and shouldn’t be charged to upgrade their seat. Or that someone with a bad back should be able to fly business for free.
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(3 replies)
The relevant regulation is Title III of the ADA, which is the part that applies to private businesses.
36.307 Accessible or special goods:
(a) This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities.
(b) A public accommodation shall order accessible or special goods at the request of an individual with disabilities, if, in the normal course of its operation, it makes special orders on request for unstocked goods, and if the accessible or special goods can be obtained from a supplier with whom the public accommodation customarily does business.
(c) Examples of accessible or special goods include items such as Brailled versions of books, books on audio cassettes, closed-captioned video tapes, special sizes or lines of clothing, and special foods to meet particular dietary needs.
From my understanding Starbucks is not required to offer non-dairy milk. As they do not do special inventory orders for customers, they could remove the non-dairy milk options from the menu without violating the ADA.
But because Starbucks currently offers non-dairy milk, those options are subject to the ADA, specifically:
36.301(c) Charges.
A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.
In my amateur reasercher's opinion, this case seems sound. Charging extra for milk alternatives is probably a violation of the ADA.
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I despise Starbucks, but I'm not sure this lawsuit makes any sense. Those non-cow milks costs them more. Of course, the law often doesn't make sense, anyway.
As another commenter said, they could just overcharge for cow milk and make the prices all the same. Then nobody is happy, but it meets the legal requirement (as I understand it).
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