Is it discriminatory for restaurants to ban food allergy patrons, and why are they doing it?

Is it discriminatory for restaurants to ban food allergy patrons, and why are they doing it?

We’re all emerging from lockdown life looking and feeling a little different than how we went into it. I heard from many others with food allergies that they felt nervous or apprehensive to eat in restaurants again once they reopened. This was the case for several reasons.

First, because us allergy people had become comfortable in our familiar surroundings at home and felt hesitant to break out of our safe and reliable routine. The second reason being that people were worried restaurants would be too preoccupied with the new health and safety restrictions in place to be able to accommodate an allergy and avoid cross-contact. And finally, there was a common sentiment that restaurants might have forgotten about us and not remember how to prepare an allergy-safe meal because they had been out of practice.

Whichever way you slice it, we were all a little nervous.

Leaving lockdown life to see a discriminatory sign like the one above, is a slap in the face.

Is it discriminatory to ban people with food allergies from a restaurant?

When I first saw the post above, I decided to look at the information and analyze it from different sides before determining whether I felt it was discriminatory or not.

On the one hand, you can say it’s their business and they have the right to allow anyone to enter or not. However, food allergy is legally considered to be a disability, so banning someone with food allergy from your restaurant is no different than banning someone with any other disability, because the ban is based on a physical condition that is out of their control.

Life with food allergies is one calculated risk after another, and we know this.

Going to the grocery store, eating at a friend’s house, going to a restaurant, trying new foods - all of these things are calculated risks. We know the consequences of the risks and that is why we carry Epi Pens which can save our lives in the event of a life threatening reaction. When you live with food allergies you know that your allergens will be present in many scenarios and that it is out of your control. Deciding whether or not to engage with those places is a calculated risk. For example, going to the grocery store means facing every food imaginable, including your allergens. Wouldn’t it seem wrong to ban people with food allergies from grocery stores just to mediate the company’s risk?

What if the restaurant truly cannot accommodate food allergies?

Some restaurants cannot safely accommodate food allergies. This could be due to lack of food allergy education or understanding, language barrier, the kitchen being too small to avoid cross contact, not having a separate area to prepare a safe meal, being short-staffed, lack of access to safe ingredients, the restaurant being focussed on one ingredient that is a common allergen (ex. a cheese restaurant could understandably not be able to accommodate a dairy allergy).

Although this might not be the ideal situation for everyone, what I value most is transparency from the restaurant staff. I want to be told honestly that it’s not possible, rather than for them to say they can accommodate me when in reality the meal is not being made safely. It is up to me to determine the level of risk and whether or not it is worth it, but I need accurate information in order to do that.

I know some people will disagree with me and say that any restaurant should have to accommodate food allergies, but I formed my opinion based on my life experience. There have been many times in my life that restaurants have told me they are able to make me a safe meal and then deliver something with cheese residue on it, or come rushing over afterwards because it might have come into contact with nuts, or smile vacantly at me as I ask about allergies once more when they drop off my plate.Some restaurants are very willing to serve me but then it is revealed that despite their good intentions, they don’t fully grasp the idea of food allergies or don’t realize that butter is dairy. The list goes on; it’s a very nuanced thing. In those situations I always regret having ordered, and would have preferred to just get the facts up front so that I could eat somewhere else.

I’ll give you an example. I was in LA a couple years ago with a friend and we were planning to go to dinner. I called up a few restaurants to inquire about whether they could accommodate food allergies before we left the Aribnb. I found a restaurant that confirmed they could, so off we went. When I placed my order, the manager came out to the table. He told me that he had a nut allergy and understood the severity. He then told me that butter was used in nearly every dish in their restaurant and that only one chef was working that night. He didn’t feel confident that cross-contact could be avoided in their kitchen, and he wanted to be up front with me so that I could make an informed decision. Whoever had spoken with me on the phone had advised without first looking into it. My friend was worried that I might be upset, but it was the contrary. I was annoyed at the person on the phone, but I wasn’t mad at the manager for being transparent with me. If I had insisted they make me a meal I might have ended up in the hospital. I feel that I really have to pick my battles in these situations and allowing myself to be upset about this was not worthwhile. What made the whole situation more palatable was that the manager felt bad that they couldn’t serve me and he clearly was a customer-focused person who valued hospitality. It’s not that he was just trying to get rid of me. I have worked in a restaurant which has informed my perspective from the inside, rather than just as a customer looking outwards. I know this perspective might ruffle some feathers but it’s how I truly feel.

There have been countless situations like this in my life. What gets me really frustrated is when a restaurant or resort accommodates on paper only, but doesn’t action it in real life. I have been to several resorts that told me they could accommodate food allergies, gave me an allergy card, and then proceeded to serve me meals with peanuts on top, for example. When contacting customer service I was told that they have an allergy policy that staff follow. That kind of stuff makes me want to pull my hair out.

Overall, I feel that restaurants should be much more educated about food allergies, especially if they claim to have food allergy policies.

Not being able to accommodate food allergies is different than banning a person with food allergies from a restaurant

Telling a potential customer that you are not able to cook a safe meal for them is one thing. Banning them from stepping into your restaurant is another. Why a restaurant feels the need to ban a person with a medical condition is beyond me. If they are so sorely lacking confidence in their ability to not just cook for someone, but also to let them sit at the table (not eating), then why are they in the hospitality industry?

Every person with food allergies is not on the hunt to sue a restaurant or make headlines. The major cases of legal action against restaurant owners that have made the news in recent years should be lightbulb moments for restaurants. You shouldn’t lie about ingredients to a person who declares they have an allergy, knowing it will endanger them. You shouldn’t claim that something is safe without even looking at the ingredients. You should be knowledgeable about what you are serving your customers. As a company in the food service industry you and your staff should have at least some basic training about food allergies and cross contact, especially as it has become so much more prevalent.

Unfortunately some people saw those cases as overreactions, or think that every person who ever has anaphylaxis is going to sue someone about it. Many people still think that food allergies are made up or over-inflated, that this disease only affects the wealthy or people of certain cultures, or that a little bit of an allergen won’t hurt if you can’t see it. There are a lot of judgements made about food allergies and the people who live with this disease.

Let’s not allow this to become the new normal

If a restaurant can’t accommodate because they have just “always done it this way” and refuse to learn or change, because they are too lazy, or because they don’t believe in food allergies or hold judgement against this disease, then I’m sorry but that’s not good enough. In a world where allergies are becoming the norm and not the exception, you’re missing out on a lot of business.

I have been asked to leave restaurants and have been escorted out by managers many times in my life. There’s nothing like being brought away from your group of friends during dinner service, being walked to the door, and then having it closed behind you. What a great way to show hospitality. I don’t want this to be normal. It shouldn’t be normal. If a restaurant manager has told me that they cannot accommodate me and I choose to stay and not eat anything, that is my calculated risk to take. By sitting there and not eating, I get to still enjoy my friends’ company. Being able to eat the food is not always my main concern. Being asked to leave restaurants happened more when I was a teen and in my early twenties, but I would hate to think that it is becoming more popular.

Food allergy waivers and food allergy bans should not become the new “may contains” statement that is just slapped on everything in order to scare off people with food allergies or make them feel unwelcome without blatantly saying it.

I’m not sure exactly what action should be taken to curb this trend, but here are some ideas:

• Respectful sharing on social media. I say respectful because, although it might make me angry to see these things, I do not believe in cancel culture. It is important to raise awareness so that these things don’t go unnoticed, but I think we should do so with the attitude that this is an opportunity for education and improvement.

• Consumer activism. Give your business to the restaurants who can accommodate food allergies. If a business is supporting you then you should support them too! Consumer activism is a powerful thing.

• Raise awareness. Talk to others about it. Share the facts! There are lots of people out there who support their allergic friends and family members, and they are valuable extensions of our voices. I can’t even count the number of times my friends have stood up for me, and I can guarantee they wouldn’t be patronizing a restaurant with this sign in the window.

• For restaurants - do some research, take a course in food allergy safety (knowledge is powerful), talk to your patrons about their allergies before just dismissing them, and for the love of god don’t post a sign banning people with a disease from entering your business.

Whoever that restaurant owner is, I hope they gain some common sense. I hope they don’t think that this is acceptable treatment of people with a disease. I hope they develop even a tiny shred of empathy or understanding. They shouldn’t be allowed to post such a thing in their window, and I hope they will be required to take it down.

How does this situation leave you feeling?