The plaintiffs say in the lawsuit that lactose intolerance is a disability listed under the Americans with Disabilities Act, and the surcharges violate that act.
Ohhh…the Plaintiffs said it in their complaint! Well then it must be true! It would be impossible to list unsubstantiated claims in a complaint.
The ADA statute does not make specific reference to lactose intolerance. A court would have to determine that lactose intolerance is a disability under the statute, and I don’t think it’s clear on its face that it is.
The ADA protects qualified individuals with disabilities. An individual with a disability is a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment.
literally Para 4 in the article
Ohhh…the Plaintiffs said it in their complaint! Well then it must be true! It would be impossible to list unsubstantiated claims in a complaint.
The ADA statute does not make specific reference to lactose intolerance. A court would have to determine that lactose intolerance is a disability under the statute, and I don’t think it’s clear on its face that it is.