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this post was submitted on 17 Mar 2024
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The ADA is a complex law, like all laws. Food allergies are mentioned by the ADA.
Although food allergies don't require proactive accommodation, disabled people are entitled to equal access despite their disability.
If a restaurant offers no substitutions that's fine. But if a restaurant offers substitutions but refuses it for those with allergies, that's not fine.
If a restaurant doesn't stock non-allergic ingredients it doesn't have to. But if the restaurant will stock special ingredients upon request, they must do the same for disabled customers.
In this case, starbucks DOES stock and offer non-dairy milks. Using a different milk is probably a reasonable accommodation. The ADA has rules against charging extra for reasonable accomodations.
The conclusion that starbucks charging extra is a violation of the ADA is not an unreasonable one.
It is not a violation to charge extra for an accomodation if everyone has to pay the same for that accomodation. See the link I posted previously; it mentions this explicitly. Their case is charging more for plus sized clothing. The price for that size of item is the same regardless if the person is obese or normal, so it's not discrimination. It only becomes discrimination when you charge a person more because they're lactose intolerant and give lactose tolerant people soy milk for no cost.