“It’s got to be more than drinking lattes, I would think,” the judge said.
Coburn said that in addition to failing to plead that the customers are actually disabled within the meaning of the ADA, the claim fails because the ADA doesn’t require businesses to sell an accessible good at the same price as one deemed non-accessible. The plaintiffs were charged the same amount for nondairy as other customers, Coburn said.
Finally, he said, Dunkin’ and its franchisees are not required to offer nondairy alternatives.
A lawyer for the plaintiffs, Keith Gibson of Keith Gibson Law PC, said a revised complaint could be filed with more details on the conditions and effects lactose intolerance has had on his clients.
“Are you alleging that all symptoms of lactose intolerance are disabling?” the judge asked.
Gibson said yes. He compared lactose-intolerance to Type 1 diabetes. While not everyone with the condition has the same reaction or symptoms when they ingest sugar, it’s still a disability that could be covered under the ADA, Gibson said.
