Spinoff- Upcharges for allergy meals

[eliz603]

As far as the buffet goes:

I mentioned in a PP that we were never charged last year at BUFFET when he was 16 months old and we were ordering him a few separate things from the kitchen. Due to age, he wasn't on the DDP, so I would expect to have to pay for him at any point (for example, at Be Our Guest, he had an item off the menu. We certainly paid for that and expected to do so).

But we were NEVER charged at a buffet for him because of the Disney under 3 rule. My first thought when I started this thread was that maybe things were different because we were on the DDP and maybe they considered him as eating from my plate, so to speak. We aren't on DDP this year, and I first thought maybe things are different. But no, they shouldn't be since he wasn't on DDP, and that is what seems to matter whenever it has come to ordering elsewhere. If there was a charge for allergy orders, then he would have been hit with one regardless of MY status on DDP. If Disney charged me for special order chicken fingers, then I would have just paid it (I'm not getting into discrimination or whatever here, just expectations as a customer for ordering a special order of any kind). I just don't expect to experience anything different this year than we did last year in this area.

My point - I'm not trying to get anything for free, just was trying to remember how things worked. This is how it worked for us at meals like Chef Mickey's, Crystal Palace and Akershus.

Also, this year, it is much more likely that we won't have to have so many buffet special orders. He has expanded his food horizons. This whole point may end up being moot for us.

 

[Talking Hands]

Whether or not a 2 yo pays has nothing to do with allergies. If you order a separate meal for them you are charged. If they eat off your plate there is no charge.

 

[bookwormde]

I'm sorry, I just want to make sure I understand...you're suggesting that someone contact the DoJ regarding whether or not they have to pay for a meal? And you consider this a civil rights issue?

Not if they have to pay for a meal, but at what point an ADA accommodation for dietary needs can have a higher price charged for it.

As a note just because ingredients cost more does not necessary make charging more allowed. That would be like Disney charging individuals with disabilities more for park tickets to offset the cost of the infrastructure and accommodations needed to comply with ADA. The intent of the law was that these costs would be spread across everyone.

 

[OurBigTrip]

Not if they have to pay for a meal, but at what point an ADA accommodation for dietary needs can have a higher price charged for it.

As a note just because ingredients cost more does not necessary make charging more allowed. That would be like Disney charging individuals with disabilities more for park tickets to offset the cost of the infrastructure and accommodations needed to comply with ADA. The intent of the law was that these costs would be spread across everyone.

I think the key here is whether or not the ADA would even apply, i.e., not all, or even most food allergies would qualify as a disability under the ADA.

 

[eliz603]

Whether or not a 2 yo pays has nothing to do with allergies. If you order a separate meal for them you are charged. If they eat off your plate there is no charge.

I believe that's what I was saying, or at least attempting to say, in my last post. I'm starting to regret asking this question. I didn't remember from last year, then like I said, I realized DS wasn't on DDP either last year, so whatever we experienced last year should be the same this year. No charge at buffets, charge everywhere else.


As far as the ADA discussion, ADA applies to some, but not all, individuals with food allergies. Here's what the ADA website says:


1. Is a food allergy considered a disability under the ADA?


A: It depends. A disability as defined by the ADA is a mental or physical impairment that substantially limits a major life activity, such as eating. Major life activities also include major bodily functions, such as the functions of the gastrointestinal system. Some individuals with food allergies have a disability as defined by the ADA – particularly those with more significant or severe responses to certain foods. This would include individuals with celiac disease and others who have autoimmune responses to certain foods, the symptoms of which may include difficulty swallowing and breathing, asthma, or anaphylactic shock.

4. Does the ADA require that all public accommodations that serve food, like restaurants, also serve gluten-free or allergen-free food?


A: No. The ADA does not require that every place of public accommodation that serves food to the public provide gluten-free or allergen-free food. The Lesley Agreement involved a mandatory meal program for a defined group of students. Because its meal plan was mandatory for all students living on campus, the ADA required that the University make reasonable modifications to the plan to accommodate students with celiac disease and other food allergies. This is different than the ADA's obligation for restaurants that serve the general public.


5. What might a restaurant or other similar place of public accommodation need to do to accommodate an individual with celiac disease or other food allergies?


A: A restaurant may have to take some reasonable steps to accommodate individuals with disabilities where it does not result in a fundamental alteration of that restaurant's operations. By way of example only, this may include: 1) answering questions from diners about menu item ingredients, where the ingredients are known, or 2) omitting or substituting certain ingredients upon request if the restaurant normally does this for other customers

 

[clanmcculloch]

Not if they have to pay for a meal, but at what point an ADA accommodation for dietary needs can have a higher price charged for it.

As a note just because ingredients cost more does not necessary make charging more allowed. That would be like Disney charging individuals with disabilities more for park tickets to offset the cost of the infrastructure and accommodations needed to comply with ADA. The intent of the law was that these costs would be spread across everyone.

When my meal is altered to be safe I'm not charged anything different. When my meal is prepared with some different ingredients I'm not charged anything different. When I order a completely different menu item that is a specialty allergy product (ex premade allergy chicken tenders or premade allergy pizza) then I'm charged for that specific item which does typically have a higher price then a similar item which is not safe for me. I do not consider this to in any way be discriminatory. It is not an ADA requirement for these menu items to be offered. Having their own prices therefore is not under the jurisdiction of the ADA.

 

[clanmcculloch]

eliz603, I hope that you're not feeling like anybody is trying to attack you for sharing your experiences or asking questions. In no way did you come across as though you're trying to get something for nothing or get away with something. You have legitimate questions that are better answered now rather than when you're there so that you can be prepared for what to expect.

Regardless of what some people may think, the rule is that if a child is under 3 years old then they are free to eat as much as they want at any fixed price restaurant whether it's a buffet, family style restaurant or plated restaurant (ex CRT). This is separate from the allergy discussion. Any child that meets this age requirement for $0.00 charge will be provided with safe food even if the chef has to custom prepare it due to dietary restrictions. If the restaurant is NOT fixed price then you will pay for every single thing that is ordered regardless of who orders it. If an adult orders so that his/her food is safe for the child then that child is able to eat off that person's plate. If separate safe food is ordered for the child then the bill will reflect that separate food. This also is true regardless of allergies. Guests are charged for everything that is ordered at non-fixed price restaurants.