Family Kicked Out Of Golden Corral Restaurant Over Children's Skin Disorder

[thucythucy]

149. Perhaps in my hypothetical, but the more I think about this case

the clearer it seems to me that the manager violated the ADA.

The ADA says you can't discriminate against someone based on their disability, and deny them services, unless they pose "a direct threat to the health and safety of others" that "cannot be eliminated through reasonable accommodation." It doesn't say "a perceived threat" or "somebody is worried about a threat" or "maybe there's a threat" or "you think there's a threat"--it has to be an actual, real threat, which in this case it wasn't, because the condition is genetic, not contagious. It doesn't matter what the manager thinks or thought or thinks he thought. That's the law.

You can't successfully sue somebody because they were obeying the law. To give you an obvious example, suppose I ask you to murder someone. You say no, and three days later the guy I wanted you to kill shoots and injures me. I can't go to the court and say, "Your honor, this never would have happened if he'd just murdered the guy like I asked." For someone to prevail, even in my first hypothetical, you'd have to go to a court and say, "Your honor, I'm suing the defendant because he refused to violate federal civil rights law." I don't think there's a court in the land would rule on something like that.

We'll have to see how this case unwinds, but I think the Justice Dept. and this family, from what I've heard, are on pretty solid ground here. We shall see.