JD by Doherty v. Colonial Williamsburg Foundation

JD (plaintiff) was an 11-year-old child who suffered significant health repercussions if he ingested gluten. JD’s physician determined that JD likely suffered from celiac disease or gluten sensitivity and that a strict gluten-free diet was medically necessary for JD’s health. JD encountered several restaurants that claimed to provide gluten-free meals, but after suffering complications from his restaurant meals due to gluten exposure, JD ate only meals that had been prepared at his home. JD attended a school field trip to Colonial Williamsburg, a historic town operated by the Colonial Williamsburg Foundation (foundation) (defendant). At one of the restaurants, JD and his father requested to eat their medically safe food brought from home while sitting with JD’s classmates in the restaurant. The restaurant staff denied the request, stating that outside food was prohibited by the health code. The restaurant offered to prepare a gluten-free meal for JD, but JD and his father opted to eat their prepared meal outside. JD and his family filed suit against the foundation for violating the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Virginia state antidiscrimination laws. JD argued that he was excluded from the restaurant because of his disability and that the restaurant should have modified its outside-food policy as an accommodation. The foundation moved for summary judgment, asserting that JD was not disabled under the ADA and that the restaurant provided a reasonable accommodation by offering to make a gluten-free meal. The district court found that a question of material fact existed as to whether JD was disabled under the ADA, but the court granted summary judgment on the reasonable-accommodation grounds. JD appealed to the Fourth Circuit.