![]() ![]() Therefore if I want to eat gluten-free foods, I will need to pay more to do so. Therefore it costs more for restaurants to provide me with gluten-free pasta, buns, soy sauce, pizza dough, etc. We all know it costs more to eat gluten-free. What restaurant in it's right mind should have to lose money on me whenever I eat there. This lawsuit is going to make it more difficult for those of us with celiac to go out to eat. Chang's filed a motion to dismiss the new complaint, arguing that it asserts the same disability-discrimination claims and offers "few additional facts" and "none that warrant a different result."īut a detailed list of Phillips' symptoms and reactions when ingesting gluten forced the judge to change his mind.Īs to whether or not the lawsuit will gain traction, stay tuned. Phillips filed her first amended complaint soon after. In doing so, the judge expressed his "reservations" about whether the plaintiff could ever state a viable claim under her discrimination theory. However, Whyte granted Phillips a leave to amend. Whyte ruled that the plaintiff failed to allege facts showing that the restaurant chain discriminated against her and other guests with celiac disease or a gluten allergy/intolerance, by charging $1 more for some gluten-free menu items compared to non-gluten-free versions of menu items with a similar name but prepared and handled much differently. Chang's motion to dismiss Phillips' original complaint. ![]() According to the case's docket, the motion to dismiss was "tentatively granted" at the hearing, with a final ruling to be issued by the court later. It urged Whyte to dismiss the lawsuit before the entire restaurant industry was impacted. The restaurant chain first moved to dismiss Phillips' class action in February, claiming her celiac disease does not make her a disabled person under the ADA. Chang's, and, by extension, other restaurants can charge more money for gluten-free food than they do for similar, non-gluten-free menu items. Chang's argues that the plaintiff must allege that she actually inherited characteristics known to cause disease under the second prong of the "medical condition" definition.Īt stake in the lawsuit is whether or not P.F. In her amended complaint, Phillips also claims that celiac disease is an "inheritable and hence genetic characteristic." The law specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, age, disability, medical condition, marital status or sexual orientation. In his order last month, Whyte concluded that Phillips, in her new complaint, pled sufficient facts to claim that the immune reaction to eating gluten meets the definition of a "medical condition" under the state's Unruh Act for people with celiac disease. Basically, the outcome of the move to dismiss hinges on whether or not celiac disease constitutes a disability under the state's Unruh Act. District Court for the Northern District of California. Chang's then successfully moved the case to U.S. Chang's in a California state court last December. "The court notes that on a more complete factual record, the court might reach a different conclusion." "However, accepting the additional detail in the FAC (first amended complaint) about the consequences of ingesting or being exposed to gluten, which plaintiff must guard against, plaintiff has pled sufficient facts to support her claim that she has a disability that impacts a major life activity. "Neither party has cited, and the court has not found, any case specifically discussing whether celiac disease constitutes a disability under the ADA (Americans with Disabilities Act) or Unruh Act," Whyte wrote in his 13-page ruling. 23 order denied the company's motion to dismiss plaintiff Anna Marie Phillips' first amended complaint. Chang's for allegedly charging more for gluten-free menu items can continue. That means a class action lawsuit against P.F. Chang's over its gluten-free menu won't be dismissed just yet. Chang's Asian Bistro discriminate against people with celiac disease by charging more for gluten-free dishes than for their non-gluten-free counterparts? A complaint filed in federal court says it does, and a ruling by a federal judge means that the lawsuit against P.F. Caption: P.F Chang continues to seek the dismissal of a lawsuit claiming that they discriminate by charging more for gluten-free food.
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