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  • Allergy discrimination in restaurant

    I wanted to know if it was legal for a chinese buffet to ask me to leave when i told him that my small 3 year old is severely allergic to chinese food. He told me i still had to pay for his plate even though he was not going to eat. .The only reason i went inside the restaurant in the first place was because my son had already eaten and the restaurant was located next to the mall . I dont know if it was a language problem but i was trying to explain to him that my son is not eating because of his allergies. I was not rude nor did i raise my voice when all of a sudden he started raising his voice and started poiting to the door to get out. If this is legal, how can restaurants treat people like this?.What can i do ? This has never happened to me before in my life. I was embarrassed and humiliated. Thank God my son is still too young to understand what was going on.I will never go back to this restaurant or any other chinese buffet.

  • #2
    Re: Allergy discrimination in restaurant

    I wish to inform you that if your child has not eaten food then you are not liable to pay for the food. If your child has taken Chinese food then you may be made to pay for the food but then the action of the Chinese restaurant to make you and your son go out of the restaurant is not legal. It may amount to discrimination on the basis of illness of the person. The illness of your child is in the form of allergy but it does not mean that he may not enter the restaurant. You may serve a written notice to the restaurant management. If they do not resolve the matter, you may file a lawsuit for compensation for the discrimination act done to your child.

    AFF

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    • #3
      Re: Allergy discrimination in restaurant

      Thank You so much for responding. I think I will go back there to speak with an owner and explain how they discriminated against my son. I will never ever eat there so I am not looking for a free meal. I just want them to understand that they cannot treat people that way. I am an advocate for children with Food Allergies and I just can not let this go. I have a meeting soon with my region group and will further investigate this matter. Depending on the outcome of this "meeting" , I will see what I do next. I have a television interview and going to bring this issue up. If Icall out the restaurant, will I get sued?

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      • #4
        Re: Allergy discrimination in restaurant

        If you foolishly believe unloading your "hurt feelings" onto the owner or manager of this establishment will do any good whatsoever, feel free to waste your time and further humiliate yourself.

        The owner/manager can kick whomever he wants out, and there isn't anything you can do about it.

        If your son is allergic to chinese food, then what in the heck did you take him in there for? Do you not understand what a huge financial liability you put on the restaurant for your stupidity? If the child had eaten something and you were not aware of it, they would have been on the hook.

        You brought this on yourself by taking your child, whom you KNOW has a food allergy, to a restaurant that serves food your child is allergic to, and you're whining about THEIR actions? Get real, lady.

        They should sue you for being stupid.

        Comment


        • #5
          Re: Allergy discrimination in restaurant

          You obviously can't read. You were the kind of student in school who always got the questions wrong. Maybe you still are a student and that that is why your post is so ignorant and irrelavent. Whatever the case may be can you please not comment. This is something that is serious . Thanks

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          • #6
            Re: Allergy discrimination in restaurant

            How ironic this twit who posted before me commented about others not being able to read.

            Incidentally, until you own and run this board, have fun stopping others from commenting on these threads, just as you did, in which, you had nothing of value to add, and did not give even the slightest modicum of advice.

            That poster before you was right on the money. It's the truly ignorant and rude who are offended by good, common sense. It stands to reason that if the OP had not taken her child into a restaurant when she clearly knew her child should not be then she would have no reason to feel so indignant. Isn't that like saying you hit someone and they had the temerity to hit you back so now you're going to sue them? It doesn't make much sense does it?

            I suspect you are suffering from lack of critical thinking skills and that you are intimidated by those who possess them. Just because you can't think 2 feet ahead of you doesn't mean you have to show your horns to people who can. Stop with the jealousy.

            Something that is serious? Please. Spare us the drama antics. The only thing serious about it is some idiot took her kid to a restaurant that serves food he's highly allergic to. What's audacious is she now wants to find a way to sue the restaurant for protecting itself against liability. Like the moron who put hot coffee between her legs while driving, spilled it on herself (who didn't see it coming?) and sued the company for her own stupidity. When does personal accountability come into play? Or has this ME ME ME generation even know the concept of such an idea?

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            • #7
              Re: Allergy discrimination in restaurant

              Thank You to the people who commented on my behalf. The manager apologized and everything is resolved. To help those that don't understand my issue.....i did bring my son into an OPEN AIR chinese buffet, however , MY SON WAS NOT GOING TO EAT THEIR FOOD. Did you all get that? Good. The issue was that I still had to pay for my son even though HE WAS NOT GOING TO EAT. I thought this was a professional site but i guess they just let anybody say anything they want.

              Comment


              • #8
                Originally posted by Unregistered View Post
                Thank You to the people who commented on my behalf. The manager apologized and everything is resolved. To help those that don't understand my issue.....i did bring my son into an OPEN AIR chinese buffet, however , MY SON WAS NOT GOING TO EAT THEIR FOOD. Did you all get that? Good. The issue was that I still had to pay for my son even though HE WAS NOT GOING TO EAT. I thought this was a professional site but i guess they just let anybody say anything they want.
                I am a parent of 3 Ana children to dairy, egg, beef, lamb, peanuts, and tree nuts. It is not easy to go anywhere, not just reataurants. Parents of allergic children who get kicked out of Chinese buffets, could also get kicked out of the neighbor's potluck BBQ, the library, school, church gatherings, playdates, and parks, too. To the people who think that the restaurant was in the right: read the 504 on discrimination- if I didn't expose my children to anything, I'd keep them very safe, and quite unexposed to allergens, as well as any other life experience, culture, education, relationships, etc. please take a moment to think of people like my very normal kids- if they were treated (mistreated) everywhere they went... It's not just restaurants. Thank goodness your child was too young to know how unwelcoming people can be. Let this be a lesson on how NOT to behave.

                Comment


                • #9
                  Re: Allergy discrimination in restaurant

                  To the OP and other posters who agreed with them, I would tend to agree with the restaurant in this matter.

                  The parent should NEVER have taken their child into a restaurant where they were allergic to the food being served there. Hungry or not, the child could potentially see the parent eating something and want to try it - and then BOOM, allergic reaction, and all hell breaks loose.

                  The owner of the restaurant has probably heard many different excuses for patrons not wanting to pay for their children, spouse, or companion. I can't tell you how many stories I have heard from people just trying to figure out a way to save a buck by getting a 2-fer on purpose. They may well have thought that the parent was fibbing in order to avoid having to pay for the child's buffet meal, and as such, it would have been more than reasonable to expect the parent to pay for it. The same goes with just nibbling a thing or two off the paying customer's plate - if you eat, you expect to pay.

                  There could have also been a communication breakdown or a language issue here, and the restaurant owner may not have understood the parent's intention NOT to have their child eat and the reasons behind it. Again, without clearly knowing the facts here, they could have jumped to the very same conclusion that they did.

                  That being said, it was probably NOT a good idea in the first place to bring the child into a restaurant with them if the child was not going to eat. If Chinese was something the child was allergic to, then it would be inviting trouble to bring them into a place where a problem could occur.
                  "If it ain't in writing, it never happened."
                  "A lack of planning on your part does not constitute an emergency on my part."
                  "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                  Comment


                  • #10
                    Re: Allergy discrimination in restaurant

                    Dear last poster - you've necroposted but allow me to clarify.

                    As the parent of a special needs child I am intimately familiar with the 504 Act. It only applies to discrimination from programs receiving Federal funds.

                    A private business such as the Chinese Buffet above have every right to kick people out as well as expect every patron to pay for a plate in that setting.

                    I probably wouldn't want your kids at my potluck either, both bc I'd feel guilty if one got sick and bc you'd try and sue me if they did!

                    Comment


                    • #11
                      Re: Allergy discrimination in restaurant

                      Originally posted by Unregistered View Post
                      I wanted to know if it was legal for a chinese buffet to ask me to leave when i told him that my small 3 year old is severely allergic to chinese food. He told me i still had to pay for his plate even though he was not going to eat. .The only reason i went inside the restaurant in the first place was because my son had already eaten and the restaurant was located next to the mall . I dont know if it was a language problem but i was trying to explain to him that my son is not eating because of his allergies. I was not rude nor did i raise my voice when all of a sudden he started raising his voice and started poiting to the door to get out. If this is legal, how can restaurants treat people like this?.What can i do ? This has never happened to me before in my life. I was embarrassed and humiliated. Thank God my son is still too young to understand what was going on.I will never go back to this restaurant or any other chinese buffet.
                      If one's child is allergic to Chinese food then do not take him to a Chinese restaurant. I don't know what this poster expected, but as parent they should have had enough good sense to only take their child where he will be comfortable. And not expect a busy restaurant to give up their seating to one who will not and cannot order!

                      Comment

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