I need a Lawyer's help. ADA experience preferable

[96firephoenix]

So I have this allergy to shellfish, right? well Its technically a disability under the ADA, and the school is required to provide reasonable accommodations for it. Up until now, I haven't had an issue because hey, its a school cafeteria, when do they serve shrimp, crab and lobster? My freshman year, that number was literally 4 times, twice was the same meal. this semester, that number is about once a week on average.

So I'm in a meeting trying to persuade the director of student accommodations that I shouldn't be living somewhere where I'm gonna be on a meal plan (read: not in the dorms - I would rather live off-campus, but the apartments are ok) . She assured me that she had already spoken to the cafeteria people and they had told her they would be more careful. Within two hours, I had a tray of plates covered in empty crab legs literally carried right past my face (within 10 inches)(I have witnesses to the incident and to my phone call to alert the DSA). There was no way to avoid it, as I was in a corridor and I was in the middle of the length when someone carrying a tray says "excuse me" and carries it past...guess who's throat feels really weird right now? (yes I realize that was over 12 hours ago, but my first reaction had a 6PM - 1030 AM elapse and thats not uncommon according to my allergist)

I need some help because the school is currently denying my right to live in an environment free of the meal plan and the cafeteria because the allergists report contains a diagnosis of "probable allergy to crab" and not a definitive allergy to shellfish. Because of this, the school is saying that they do not see a reason to grant accommodations. The DSA has made it apparent that they are lawyer-proof, but I think thats a posturing technique to try to scare me off. They are expecting me to simply trust the food service to do its job and only call them out on mistakes. Mistakes in this venue could literally cost me my life.

 

[Whosyer]

Can you persuade your allergist to change that "probable" to a "definite" ? Or seek the opinion of a second allergist? Seems like that , if possible, would negate their argument. Or, the next time they expose you to shellfish, you could add a little zeal to your negative reaction. (I know, not exactly "kosher", but it's a thought) I'm sure if you clutched your throat and thrashed around in front of witnesses, it might help your case. I'm very fortunate that I don't have any food allergies. Allergic to like 80 something different things in varying degrees, none of them are food. Ironically , grain dust,hay, and animal dander are my worst. And of course, I farm. (bean dust without a respirator puts me in bed for 2 to 3 days)

 

[Indy_Guy_77]

Sympathetic to your plight, OP, as my mother has battled "allergies" / environmental disorder for years now.

But I seriously personally hate it that an allergy has somehow found it's way into the Americans with Disability Act.

Bon chance, & carry an Epi pen.


-J-

 

[LPMan59]

maybe you should sign up for SSI

 

[joslar15]

So, in other words, you are playing the victim and trying to use ADA to achieve a new housing situation?

 

[Andre46996]

So I have this allergy to shellfish, right? well Its technically a disability under the ADA, and the school is required to provide reasonable accommodations for it. Up until now, I haven't had an issue because hey, its a school cafeteria, when do they serve shrimp, crab and lobster? My freshman year, that number was literally 4 times, twice was the same meal. this semester, that number is about once a week on average.

So I'm in a meeting trying to persuade the director of student accommodations that I shouldn't be living somewhere where I'm gonna be on a meal plan (read: not in the dorms - I would rather live off-campus, but the apartments are ok) . She assured me that she had already spoken to the cafeteria people and they had told her they would be more careful. Within two hours, I had a tray of plates covered in empty crab legs literally carried right past my face (within 10 inches)(I have witnesses to the incident and to my phone call to alert the DSA). There was no way to avoid it, as I was in a corridor and I was in the middle of the length when someone carrying a tray says "excuse me" and carries it past...guess who's throat feels really weird right now? (yes I realize that was over 12 hours ago, but my first reaction had a 6PM - 1030 AM elapse and thats not uncommon according to my allergist)

I need some help because the school is currently denying my right to live in an environment free of the meal plan and the cafeteria because the allergists report contains a diagnosis of "probable allergy to crab" and not a definitive allergy to shellfish. Because of this, the school is saying that they do not see a reason to grant accommodations. The DSA has made it apparent that they are lawyer-proof, but I think thats a posturing technique to try to scare me off. They are expecting me to simply trust the food service to do its job and only call them out on mistakes. Mistakes in this venue could literally cost me my life.

Nevermind my mind and fingers refuse to communicate for this one. I am sure your "Disability" will get what you want, how soon before you use it to live off my tax dollars??

 

[joslar15]

Nevermind my mind and fingers refuse to communicate for this one. I am sure your "Disability" will get what you want, how soon before you use it to live off my tax dollars??

Once people get a taste of what government can do for them, it's like a narcotic. More, gimme more!

 

[grimor]

just go get an allergy test done and verify your allergy to shellfish. What's the problem?

Personally I would of thought food allergies that cause death would of filtered out of the gene pool by now. (peanuts, shellfish, etc) I disagree with this being a disability, pack your own lunch, eat and McDonalds.

 

[Andre46996]

just go get an allergy test done and verify your allergy to shellfish. What's the problem?

Right now it is like a back injury, can't really be proven but can't be disproven either.

Somebody is playing the system..

Like all the 30 somethings going to college on my dime because they got hurt on the job and are disabled now so they need to spend 4 years at college to not find a job anyway.

My generation and the next make me sick!!

 

[melensdad]

I am NOT a lawyer but I sat on the ADA Compliance Advisory Committee for the Town of Highland for a couple years after the ADA law was passed.

Basically they have to give "reasonable" accomidation to you and that does not mean that they have to go through back flips. They can simply set up a small table in the corner where you can eat alone and say it is your table, it can be out of the way of others and therefore you will free from the allergy problem.

 

[ATOMonkey]

So you don't even have to eat it to have a reaction?

That would suck.

 

[Ashkelon]

This is ridiculous. ADA will not compel them to treat you as "special" it will only require them to reasonably accommodate your allergy. Dorms have multiple options for you to choose from on the menu and this ridiculous position that they may cost you your life applies to ANY place you may eat. You will never be able to go out to eat EVER following this line of reasoning. Suck it up.

Let me guess..a hot new girlfriend has an off campus apartment and you would like to help her with the rent or you have made some friends with an apt. and their drinking games are better than in the dorm..

 

[96firephoenix]

Dorms have multiple options for you to choose from on the menu and this ridiculous position that they may cost you your life applies to ANY place you may eat. You will never be able to go out to eat EVER following this line of reasoning.

this is only true to a certain extent on the weekends, there is only one dining room with 3 options and another dining area with limited choices. for instance, tonight there are 4 options for on campus eating. 2 of them are shrimp and one is crab. The one option that is not shrimp is cooked and prepared in the same area as the 2 that are. I don't trust them to not eff up. going out to eat is a different story, because the school is not trying to force me to go out to eat. they are trying to force me to eat in the school cafeteria.

As for your other accusation, it is completely false, unbased and libelous. For the record my girlfriend goes to Purdue, which is over 6 hours away from me.

So you don't even have to eat it to have a reaction?

That would suck.

yes, that is true. yes, it does. I've gotten reactions from eating Chinese takeout (first mistake) that was delivered in the same bag as a steaming box of shrimp

 

[sepe]

They aren't trying to FORCE you to do anything. Even at the fairly small, commuter school that I go to...if you live in dorms, you have to have the food plan. They do that because most college kids wouldn't spend money on food if they had it. Wanting to get a lawyer involved is laughable at this point with a "probable" allergy. A probable anything isn't a disability.

If you had a reaction from Chinese takeout that was delivered in the same bag as a steaming box of shrimp, it most likely wasn't because it was delivered in the same bag but cooked in the same kitchen with the same utensils.

Let us know if your lawyer gets this figured out for you, I'll chip in for the helper monkey or maybe a llama trained to sniff out probable seafood and shellfish.

 

[ATOMonkey]

Why does the school serve so much seafood?

I'm trying to remember if our caf EVER served seafood.

 

[rimfire_crazed]

Quick google-foo says you probably go to a Catholic college.

IT'S LENT.

<facepalm>

 

[ATOMonkey]

D'OH!!!

 

[hooky]

FU?

As the parent of a disabled child who's gonna need continued care long after I'm dead and gone, this puts me in a slow burn. It's an allergy. Live your life around it and be thankful it's something relatively minor.

 

[Andre46996]

FU?

As the parent of a disabled child who's gonna need continued care long after I'm dead and gone, this puts me in a slow burn.

Because your child is truly disabled and it upsets you that people like the OP would use a supposed (not even been fully tested) allergy to try and bring ADA into his little pity party.

I always have been the first person to stand up for somebody with a true disability but I will also be the first to call BS when somebody is trying to abuse the system.

 

[hooky]

Because your child is truly disabled and it upsets you that people like the OP would use a supposed (not even been fully tested) allergy to try and bring ADA into his little pity party.

You pretty much hit the nail on the head. I have a bunch of misgivings about the ADA as it is. Just more gov't involvement that's supposed to help, but in actuality doesn't do a whole lot for those that really need the help. I'm gonna get off my soapbox now.