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The issue with the ADA is that it does not specify what counts as a disability, rather it gives an explanation of what is considered a disability. This leads to endless confusion and to court cases exactly like this, which are leveraging the text of the ADA as it stands to make their point.
The lawyer quoted in the article is correct, considering they already accommodate people with diabetes without surcharge, it can be argued the same courtesy needs to be extended to the lactose intolerant, who do not have a "choice" in whether they can consume dairy.
Because they cannot just consume dairy like other customers, the lawyer is arguing that no longer charging for the difference is a "reasonable accomodation" to the fact that their clients bodies cannot process dairy. That definitely rises to the same level of reasoning for those who suffer diabetes, in my opinion.
Anyway, that's the frustrating thing about a lot of the ADA. It basically requires people who don't know if their unique position qualifies them to spend a lot of money on lawyers up-front just to find out if the courts will actually accept that as true. It's really well fucked because most disabled people don't have money to be pissing away on such a legal project. Most of them are busy just trying to survive. In other words, most of the time you have to hope a lawyer will take up your case pro-bono.
Source: My cancer isn't cancery or debilitating enough to count as a disability, even though "cancer" is in the list on the ADA website.
That's how common-law systems are designed to work, though (along with delegation to regulators in the executive branch). You can't really expect the legislature to think through every single nuance and corner-case a-priori, right?
Yeah like if they had a mega list of every disability they could think of, but forgot one, or a new one is discovered, what happens in court? Said new/forgotten disability wouldn't legally be a disability.
Oh of course, but I was speaking of people who are seriously disabled (not just people with lactose intolerance) and that severely impacts their ability to just go out and get a lawyer to fight for their rights.
Like, the lactose intolerant, I'm pretty okay with them needing to come up with the money to prove it in court. Lactose intolerance may be considered a disability, but it doesn't rise to the level of disability that makes it hard to hold a job.
However, a lot of other people are stuck, shit out of luck, unable to work, hell, often unable to move, and they're still fighting for their problems to be recognized as a disability. Further, even with a disability that's accepted as a disability, you still have to go to court and fight, often for years, to get a disability recognized. You're not allowed to work while you're waiting for that classification. It's just a bad system for it.
The common-law system is fine and good, but we're all aware of how it's absolutely tilted in favor of people who have money and against those who don't.
I got a disability lump sum for temporary disability due to a nerve disorder. It was based on my previous income and the percentage of time an expert judge I was able to work. (20% according to the expert.)
I only for $14,000 for 3 years of being disabled.
The disorder is now managed with medication, incidentally.