I would like to introduce you to the Allergy Law Project. If have not met these three brilliant lawyers, who just happen to be food allergy parents and (and patients), it is time to get acquainted with these powerhouses who have come together to create a FREE resource for people impacted by food allergies. Their aim is to be a reliable source of legal information. I am pleased to share my interview the Allergy Law Project founders Laurel Francoeur, Esq, Mary Vargas, Esq and Homa Woodrum, Esq.
Interview with the Allergy Law Project:
Who are you exactly? Is this a law practice? No. We each have our own law practices but came together to create a legal information clearinghouse. We were concerned by incorrect information that was circulating online and wanted to provide accurate information about federal disability law.
Do you believe there is confusing legal information on the internet? Yes! We are really concerned that non-lawyers are giving legal advice, often with the very best of intentions. However, misinformation about legal rights can not only compromise a person’s legal claims, it can also destroy a relationship with a school, business, or government entity. Knowledge is power.
What sort of information can be found on your website? The Allergy Law Project (ALP) offers memoranda that lay out the legal rights of individuals with food allergies in multiple settings – day care, summer camp, air travel, etc. We also profile legal cases that are of interest to the allergy community
What else can I find on the Allergy Law Project Website?
- Case profiles on legal cases of interest to the food allergy/celiac community
- Basic memos on legal rights in multiple settings – basic legal rights under federal laws, meaning of disability, preschool, camps, air travel, etc.
- Allergy implications in other areas as requests come up
What kind of situation would cause someone to need food allergy related legal advice or information? Any time a person experiences discrimination based on disability, they may need legal advice (denied a job because of allergy, denied access to after school recreation program with epinephrine). One challenge we saw is that there was incorrect information circulating wildly on the internet about what was discrimination and what was not. ALP does not provide any legal representation. We simply wanted to provide access to information. Since we’ve started, people have approached us about other issues they’re facing – from labeling to child custody – and we’ve tried to fill in gaps there where possible.
How do people determine what is good advice versus bad advice? Should anyone be taking legal advice from a friend or the internet about discrimination and how to handle it? Just as it is unwise to take medical advice from a friend or Dr. Google, it is equally unwise to take legal information from other parents or non-lawyers. This is different than getting support from a friend who has been through a similar challenge – by all means it is great to have supportive folks on your team, but they should not be advising about the law and legal procedure.
I referred to food allergies as a disability once and was corrected that food allergies are a condition. Is this distinction important? Federal law provides protection against discrimination based on disability. Whether something qualifies as a disability is an individual inquiry (contrary to what you may read on the web! – a good example of incorrect legal information about this topic). The legal inquiry is: Does a person have a substantial impairment to a major life activity? If the answer is “yes” for a specific person, then that person qualifies for protection under the ADA (and Section 504). Courts certainly have found that individuals with food allergies have a disability within the meaning of the law, but it has been on a case-by-case basis.
What does equal access mean? Actually, what does equal access mean to the food allergy community? Equal access means a full and equal opportunity to participate and access all the benefits that are available to others. It means the provision of accommodations to allow participation and it means inclusion. It also means the ability to participate safely.
Does safe inclusion cover adults? Absolutely.
What does safe inclusion mean? In many cases, accommodations are necessary for people with food allergies to participate safely. Inclusion is unique to the situation – in a school setting this may mean hand washing or avoiding activities that use products a student is allergic to. A craft that normally would be done with an egg carton may need to be adjusted so that all students can participate safely – without singling out the student in need of the accommodation of course!
If there’s one thing you’d like visitors to take away from your posts on the Allergy Law Project, what would it be?Speak softly. Food allergy is an emotional topic and it is really hard to self-advocate about something that is scary. It is easy to get on the defensive when we fight the same battles over and over, but it is really important that we take a deep breath and always seek to resolve and defuse first. Educating others from a place of calm and respect is critical to credibility and far more likely to lead to good results than is anger (no matter how appropriate). And know what your rights are and are not before you begin advocating.
Are you consultants? No. ALP was created to address a critical gap in reliable information about the intersection of food allergies and the law. We each were devoting many hours each week to providing basic information on legal rights and food allergy. Our blog entries aim to make the law as it relates to food allergies accessible for all. We hope that, armed with information about their legal rights, readers will be better equipped to advocate for themselves. We also hope that our articles will be of service to entities who are being asked to accommodate individuals with food allergies. We charge nothing and we take no funding of any kind from anyone. This is purely a service to a community of which we are all part.
Disclaimer: I am very biased as I have been a personal fan of these powerhouses and consider these ladies my friends. They did not ask me to write about them. I chose to share since I’m impressed with their website and how I have witnessed them guiding others in our food allergy community.
Please consider sharing with others about this new resource in our food allergy community. My goal is to always share resources and I think the Allergy Law Project will continue to grow into an important source of information.
One of the hardest things I find about managing both life threatening food allergies and asthma is talking to others. I hate to be the one that might be perceived as demanding, pushing or for asking too much. What I now know, fourteen years later, is that honest, clear information presented with kindness works!..
Thank you, Caroline!
Homa, when I was making the little collage I was singing the Brady Bunch Theme….. I couldn’t help myself. Good luck on this great piece of work! We appreciate your energy and time.