A Maryland family is suing Colonial Williamsburg on behalf of their 11-year-old son, who they claim was kicked out of Shields Tavern for bringing in his own food during a class trip. The child, who is referred to only as J.D. in the suit, has a “severe” gluten allergy as the result of an autoimmune disorder, the suit claims.
The suit, filed in federal court Wednesday night, claims the Foundation violated the Americans with Disabilities Act by removing J.D. from the restaurant after the child’s father, Brian Doherty, began serving him “safe food” that was not on the tavern’s menu.
“My son was making strides in feeling comfortable with the fact that he is different because of his inability to eat any food that has the potential of cross contamination with gluten. This changed with the irrational actions made by Shields Tavern,” Doherty said in a news release. “He was happy to experience Shields Tavern with his friends, now he is uncomfortable eating anything outside of the home because of the embarrassment they inflicted upon him.”
Joseph Straw, a spokesperson for Colonial Williamsburg, said the Foundation does not comment on pending litigation.
According to the suit, J.D. and his father visited Colonial Williamsburg with the child’s fifth grade class on May 11. J.D. is described as a child “fascinated by history,” who dreams of being a history professor when he grows up.
“[The] ‘Plaintiff’ is an eleven-year-old student who loves history, travel and Tae Kwon Do and who resides in Maryland with his mother and father,” the suit reads.
The suit claims the children had been raising money for the trip to Colonial Williamsburg since first grade. The tour included a trip to Shields Tavern for an “educational experience,” in which the group believed they would be the only guests and seats had been reserved for them.
“Although J.D. knew he could not eat the food, he was excited for the experience,” the suit reads.
After the family was seated, they informed the historical interpreter assigned to their table that J.D. was unable to safely eat the food because of his disability. Doherty explained he brought “safe food” for his son to eat during the meal, which he then began serving to J.D. The suit alleges another costumed interpreter told Doherty that he and his son could not stay if J.D. was going to eat his own food and “would need to leave the premises immediately.”
“Mr. Doherty requested to speak with a manager but the manager also told J.D. in front of his peers and their parents that he would need to immediately leave the building if J.D. was going to eat his safe food,” the suit reads.
The child’s teacher then got involved and “attempted to convince Shields Tavern management to allow J.D. to remain and learn just like the other children.” The suit alleges the restaurant’s management “insisted” J.D. wait outside.
“J.D., crying and humiliated, was made to sit outside Shields Tavern in the rain and wait while his classmates learned about colonial life and ate their meals,” the suit reads. “After his exclusion from Colonial Williamsburg, J.D. became self-conscious about his medical condition and began to expect that he would be unwanted and excluded.”
The complaint filed Wednesday demands a jury trial and calls for compensatory damages to be made to the family.
“Children with disabilities that require strict adherence to special diets often find themselves on the outside of school parties and social events, but here this child was quite literally removed to the outside in a way that left him feeling humiliated and unworthy,” Mary Vargas, a lawyer representing J.D. and his family said in a release. “This is despicable behavior by any adult but especially by an organization that professes to offer educational programming for children.”
Read the full text of the suit here.
