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DOJ Forces College Menu Change: Food Allergy is a Disability
Judicial Watch ^ | October 17, 2013

Posted on 10/17/2013 12:05:06 PM PDT by jazusamo

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.” The law firm also points out that “accommodation of each type of allergy to the extent set forth in this consent decree may be extraordinarily difficult to achieve in a community dining environment.”


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: ada; doj; foodalergies; holder; leslieuniversity; obama; perez
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Another outrage by 0bama's Injustice Department.
1 posted on 10/17/2013 12:05:06 PM PDT by jazusamo
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To: jazusamo

The Gestapo is on a roll.


2 posted on 10/17/2013 12:06:48 PM PDT by FlingWingFlyer (Hold on to your sombrero! Here comes amensty! The GOP is on a roll!)
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To: jazusamo

This is why companies leave America.


3 posted on 10/17/2013 12:08:00 PM PDT by MUDDOG
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To: jazusamo

Not only will this cause great expense for all institutions with public eating environments (such as employer and hospital cafeterias, etc. in addition to schools and colleges), it will also opens en entirely new method of getting oneself on the social security disability rolls.


4 posted on 10/17/2013 12:08:42 PM PDT by NEMDF
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To: jazusamo

My wife has a peanut allergy. So when do her checks start showing up?


5 posted on 10/17/2013 12:09:44 PM PDT by Buckeye McFrog
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To: jazusamo

My kids have some food intolerances. Can I get a crazy check for that?


6 posted on 10/17/2013 12:11:06 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: jazusamo

I don’t like vegetables. Can I get a government check???


7 posted on 10/17/2013 12:16:16 PM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: jazusamo

This will be interesting. I think you’ll find someone who is allergic to almost all of the major foods.

Wheat, milk, tree nuts, peas, beans, lentils, chickpeas, peas, corn, rice, chocolate, oatmeal, eggs, dairy, are ones that come to mind quickly.


8 posted on 10/17/2013 12:16:32 PM PDT by DBrow
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To: Buckeye McFrog

I’m allergic to poison oak so I suppose I’m disabled according to the ADA. I want the USFS and BLM to clear along side of all hiking trails of that dastardly plant so I can recreate and enjoy natures company.


9 posted on 10/17/2013 12:20:31 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo

Cavender’s...anyone who hasent tryed it has missed an opportunity to improve daily life.

Apply Cavenders ...beat steak aggressively both sides...apply honey...beat steak some more.Leave set for several hours if you have time.

Grill 4-500 degrees,4 minutes per. side,should be a lot of flame,and noise.

Brace yourself for compliments.

:)


10 posted on 10/17/2013 12:21:11 PM PDT by Therapsid (t)
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To: DBrow

Yep, this could turn out to be a real can of worms.

It will wind up in the courts and I’m sure Leslie University couldn’t afford to go that route.


11 posted on 10/17/2013 12:23:32 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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Please bump the Freepathon or click above and donate or become a monthly donor!

12 posted on 10/17/2013 12:24:53 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: jazusamo
I demand that the Appalachian Trail be made poison ivy free. Every single mile because it would be discriminatory to restrict me to a few PI-free miles. And I want a verbal description of the Grand Canyon just in case I lose my glasses.
13 posted on 10/17/2013 12:29:01 PM PDT by KarlInOhio (Everyone get online for Obamacare on 10/1. Overload the system and crash it hard!)
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To: jazusamo

I have food allergies but I prefer to take care of them myself, thanks. I do have a small bunion, it causes a minor disability (sometimes). Could I get a check for that?


14 posted on 10/17/2013 12:31:10 PM PDT by Ditter
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To: jazusamo

Northwestern University is having a “peanut-free” football game this weekend. Probably related...


15 posted on 10/17/2013 12:31:39 PM PDT by lwd
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To: jazusamo

The college could drop its food service all together and work a deal with local restaurants for a voucher card program.


16 posted on 10/17/2013 12:31:57 PM PDT by Rebelbase (Tagline: (optional, printed after your name on post))
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To: jazusamo

When will the slaves learn their place?


17 posted on 10/17/2013 12:32:31 PM PDT by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: DBrow

And what if it’s Republican attorneys who file against all these universities and other government-occupied institutions? Use whataever weapons are available.


18 posted on 10/17/2013 12:34:19 PM PDT by bIlluminati (290 Reps, 67 Senators, 38 state legislatures - Impeach, convict, amend)
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To: goodwithagun

That’s what “disability” has become - a way to get the “crazy check”.


19 posted on 10/17/2013 12:35:19 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: jazusamo

I’m allergic to gluten-free foods. Where do I sign up for my checks?


20 posted on 10/17/2013 12:39:55 PM PDT by Bob
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